>• 



\^ 









" ^;>° 







,0o^ 



c- 



loo 



.^■^ 















^0 c- i- 


, •. ■■ 


N<.^^, V 




./ 





■'^oo^ 









<. 



^' .^\^^' 



^A v^ 



>.Q°^. 









'\ 


















.o 



>*' 



•7* 



'^ .CO , 



"bo^ 




o^ 






♦ « 



^ * •> s: • '0- 









■^o^ 



^^ V « ^ 'C^ V' . ^ 









cP- 







OO 



^oo^ 



^^. 



'^. * ^. N 



,0^.-0. %*«-^ v>\s';^. "^^^^^^o^ -^'"'/'-c:. 













,0 0^ 






'^-■. " ■> ^ " ■ .^ 
















^^.' 

.^^ 









^^ ""^^ v^ 



,0o 







_'8.- d 









^>^ 















to t> ■ 



N 


















^^\s 



-<■. 

c^^ 



THE 



HISTORY OF SAN JOSE 

AND SUPJIOUNDINGS 

WiTH 

BIOGRAPHlOAL SKETCHES 

OF EAELY SETTLERS 



FREDERIC HALL 

Author of the " Life of Maximilian " 
ILLUSTRATED WITH MAP AND ENGBAVINC^^ pN^ STONE 



SAN FRANCISCO 
PRINTING HOUSE OF A. L. BANCROFT AND COMPANY 

NO. 721 MARKET STREET 

1871 







Entered, according fo Act of Congress, in the year 1871, by 

FREDERIC HALL, 
In tbe Office of the Librarian of Congress, at Washington, D. C. 



SAN FEANCISCO: 
PEES3 OP A. li. BANCEOFT AND COMPANY. 



^^^-^. 



PREFACE. 



y" 



The principal events wliicb liave occurred in the 
Valley of Santa Clara, from its first settlement by the 
whites to the present time, must ever be regarded impor- 
tant to the people of the State; and particularly to the 
residents of the Valley, and to their relatives and inti- 
mate friends who reside far beyond the confines of 
California. This portion of the State has been denom- 
inated its "Paradise"; and, perhaps, not altogether 
without reason.. 

Inquiries have frequently been made, by strangers 
here from the East, for its history; and, in most cases, 
the answer that there is no such history has been heard 
with surprise. The facts which present themselves to 
the stranger's mind, namely : that this Valley contains 
thamost ancient Pueblo in the State; two old Missions; 
and the New Almaden Quicksilver Mine, were enough 
from which to draw a reasonable conclusion that some 
collection of their past events shoiild h!ive been given 
to the public in an historical form. Having resided 
many years in the Valley, knowing many facts pertain- 
ing to its history, and feeling much interest in its pros- 
perity, I have been prompted to exert my best endeav- 
ors to place before the public Avhat should not be 
buried, and what ought to be considered interesting 
annals. 



IV TREFACE. 

Tlie reader must be aware, that altliongli lie, wlio 
narrates the annals of an American city, may have 
furnished him many interesting facts, yet he is, in a 
measure, deprived of a flood of rich materials which 
swell up before the historian who attempts to portray 
the history of a nation, situated within the boundaries 
of Europe. There he may gather tales of heroic games, 
of daring deeds of armory, shield, helmet and spear, 
to give lustre to his pages; he may delineate with ex- 
actness the history of courts, parliaments, emperors, 
and kings ; he may paint in exquisite shades their ap- 
parel, their stately mansions, richly adorned parks, 
baronial keeps, and castles o'erhung with ivy; which 
delight and intoxicate the mind like a draught from 
the cup of enchantment. While I have been deprived 
of drawing from depositories of such glittering wealth, 
I have recounted those facts which encompass the at- 
tractive spots which the inhabitants of this Valley call 
their Homes, — spots ever dear to the Imman race. 

It has been with no small amount of labor that I 
have dug up, from the almost hidden recesses of the 
Mexicati archives, the events which make up the early 
history of this Valley. No history of the movements 
of the contending forces in this Valley, during the 
Mexican war, has ever before been published or written. 
• I have given, in the Appendices, lists of officials, 
the Pueblo siftvey and map, the grants in the county, 
and the suit against the city; also, the Mexican laws 
which once governed the territory, and the laws regu- 
lating the founding of Pueblos; which laws are difficult 
of access, and more so of purchase, as there are none 
for sale except in this work. The error in Chapter II, 
p. 9, in the name of the high mountain east of San Jose, 
was detected too late to be corrected. For "Washing- 
ton" read "Hamilton." 



PREFACE. V 

I must acknowledge tlie benefits I Lave derived from 
the valuable "Colonial History of San Francisco," by 
John W. Dwindle; also, from "The Natural Wealth 
of California," by T. F. Cronise. I must likewise ex- 
press my gratitude to E. C. Hopkins, Keeper of Cali- 
fornia Archives, and John T. Colahan, City Clerk of 
San Jose, for their kindness rendered me in pursuit of 
materials. I would also record a just sense of the 
courtesy of Mr. Levi P. Goodrich, in favoring me with 
drawings of Santa Clara street, the Legislative Hall 
and the Juzgado, for engravings in this work; and, 
finally, extend many thanks to Mr. James A. Forbes 
for much early historical matter. 

F. H. 

San Jose, California, December, 1870. 



CONTENTS. 



CHAPTER I. 

iros-ivro. 

Civilization of the Americas. — American Colonies; Their Conflict 
with Great Britain. — Adventures of the Spaniards. — Charles 
III; His Character. — The Aztecs; Their Traditions. — Indian 
Traditions of Upper and Lower California. — The Californias 
considered as an Island a centnry ago. ------- 1-6 

CHAPTER 11. 

V7G7—V7&0. 

The Viceroy. — Janipero Serra. — First Settlement in Upper Cali- 
fornia; San Diego, San Carlos, San Francisco and Santa Clara. 
— Topegraphy of the Valley of Santa Clara. — Error in "Nat- 
ural Wealth of California." — Astronomical Position of San 
Jose. — First Settlement of San Jose. — Comandancia-General 
of the Northern Provinces of Mexico . — Instructions of Vice- 
roy. — Approval by the King of the Founding of San Jose. - 7-24 

CHAPTER III. 

1783— 1785. 

Gov, Fages. — First Grants of Lots and Possession Given in San 
Jose. — Form of Grants; Conditions Therein. — Slow Growth 
of Pueblo. — Solicitations for Large Tracts of Land within the 
Pueblo; Refusal Thereof. — Wood and Pasture Lands of Pu- 
eblo not to be granted to Individuals.^ — Four Square LeagTies 
area of a Pueblo. - 25-35 



CHAPTER IV. 

1-792—1843. 

Vancoiiver's Opinion of Santa Clara Vallej' in 1792. — The Indians 
of this Vicinity; Their Name, Language, Habits, Mode of 
Living, Mechanical Skill, Implements. 36-45 



Vlll CONTENTS. I 

CHAPTER V. 

- - 1778-1840. 

Ancient Site of Pueblo.— Kemoval to the Present Site. — Different 
• Classes of Lands in a Pueblo. — Propios, Ejidos, Deliesas, 
Bienes Concejiles.— TemiDorary Occupancy of Pueblo Lands. 
—Governor's Statement that Ejidos were not measured off. 46-56 

CHAPTER VI. 

iror— isoi. 

Dispute as to the Boundary Line between the Pueblo of San Jose 
and Mission of Santa Clara; Lette'i-s in Kelation thereto from 
Governors, Missionaries, Military Officers, and the Viceroy. — 
Guadalupe Eiver Declared to be the Boundary. — Juzgado. - 57-81 

CHAPTER YII. 

1799—1800. 

The Alameda. — Mission and Pueblo of San Jose — Land Dispute 
about La Calera.— First Church in San Jose — Cereifiony of 
Lajdng its Corner-stone, 1803.— Peach Brandy.— Dispute 
about the Land called Las Calaveras ; its Location ; why so 
named.— Boundary of Pueblo by Mariano Castro.— Schools. 82-101 

CHAPTER YIII. 

1813-1813. 

Laws of 1812-1813, pertaining to Pueblos. - - . . 102-111 

CHAPTER IX. 

1814—1836. 

Gilroy. — First Foreign Settler. — Livermore.— Sufiol. — Commerce 
in Grain, Hides and Tallow. — Food.^ Earthquake. — Change 

of Imperial to Eepublican Government. — William Willis. 

Colonization Law.— Population, 1831.— Settlers in 1833.— Law 
of California Deputation, 1834. —Petition of Kancheros to 
Change Jurisdiction.— Fievolution, 1836.— Gov. Alvarado. 112-124 



CONTENTS. ix 

CHAPTER X. 

1837-'38. 

Applications for Grants. — Commission Appointed to Snrvcj^ Pu- 
eblo; Survey Made; Eejjort thereof to Aj^uutamientos; No 
Action of Government thereon. -----... 125-132 

CHAPTER XI. 

1842-1846. 

Bickerings between Alvarado and Castro. — Arrival of Gov. Michel- 
toreua from Mexico ; his Overthrow [and Departure. — List 
of American and Foreign Settlers. — Fremont's Movements. 

— Pio Pico favors Annexation to England. — Bear Flag. — 
Castro's Proclamations. — Com. Sloat's Proclamation. — The 
Taking of San Jose by Capt. Fallon. — First U. S. Flag raised 

in the Valley. — Letters to Fallon from Capt. Montgomery. 

— Fallon's Departure. 133-153 

CHAPTER XII. 

1846-'47. 
Arrival of Force under Purser Watmough. — Weber and Aram 
forni companies. — Arrival of Lieutenant Pinckney's command. 

— Piisoners taken by the enemy. — Demand of a surrender of 
San Jose. — Kefusal thereof. — Bartlett delivered to Enghsb 

Consul by the enemy. — Movements of U. S. forces. — Battle, 
American victory. — Ai-mistice. — Surrender of the enemy. — 
Their loss. 154-166 

CHAPTER XIII. 

1847. 

Executive, Judicial, and Legislative Forms of Government. — Juris- 
diction of Courts. — John Burton, Alcalde; His Coui-t. — 
Judgments Rendered Therein. — Burton's Committee. - 167-175 

CHAPTER XIV. 

1847". 

Siirvey of the Pueblo Lots. — Claims to the Lands under Old 
Titles; Rejection thereof. — Ee-sui-vey of the Pueblo. — Siirvey 



CONTENTS. 

of the Five-Hundred-Acre Lots ; Titles therefor. — Burying 
Grounds. — Ee-survey under City Authority ; Maps thereof. — 
Unimproved Park. 176-187 

CHAPTER XV. 



Improvements. — Discovery of Gold. — Exit of Population to the 
Mines. — Peralta's Opinion of the Gold; his Life. — John 
M. Murphy's Success. — Crimes, Convictions, and Executions. 
—Aspect of the Pueblo. - - - 188-200 

CHAPTER X y I. 

1849. 

San Jose Delegates to State Convention. — Influence of White and 
Keed in making San Jose the Capital. — ^Vote of San Jose for 
Governor. — Govei'nor Burnett's Family. — Legislative House; 
Difficulties in Obtaining One; How Obtained; Its Descrip- 
tion; Its Destruction by Fire. --------- 201-208 

CHAPTER XVII. 

1S49-50. 

City Hotel; Its Character. — Mansion House ; Its Character; Tricks 
Played Therein; Its Destruction by Fire. ----- 209-218 

CHAPTER XVIII. 

1849-50. 

Legislature. — Governors. — Candidates for United States Senate; 
Their Election. — Bill to Kemove Capital. — Party given to 
Legislature. — Pueblo Grants. — Governor's Proclamation pro- 
hibiting Grants. — Delegates from Deseret. — Ayuntamiento. 
— Trial before Court of First Instance. — District Court. — 
Amusements. — Gold Excitement. — Fourth of July. — Escape 
of Hernandez. — Crimes. .-..-----.- 217-235 

CHAPTER XIX. 

1S50-18S1. 

Roads, Travel and Stage Fare. — Railroad Meeting. — Newspapers; 
" State Jom-nal;" "San Jose Daily Argus;" " Weekly Visitor." 



CONTENTS. . xi 

— Improvements, 1850. — Claurcbes. — Schools. — Cholera. — 
Legislature, 1851. — State Scrip. — Eem oval of Capital. — Dull- 
ness of the City. — Crimes and Executions. — Meeting for Di- 
vision of State, and Delegates Elected. — Court-House. - '236-248 

CHAPTER XX. 

1852-1860. 

Crimes. — Punishment. — Execution for Grand Larceny. — Murder 
of Smi^h. — Express Company. — Suit of City against County. 

— San Jose Academy. — "Santa Clara Register." — Fire. — 
Election. — Dedication of Methodist Church. — Civil and Mili- 
tary School. — Principal Hotels. — Treasury Eobbed. — Bascom 
Institute. — Common Schools. — Explosion on Jenny Lind. — 
Mrs. Heusley's Premises. — Santa Clara Street Improvements. 
— City Vote. — Telegraph Line. — Imi^rovemeuts. — College of 
Notre Dame. — Advance of Eeal Estate. — St. James Square 
Granted for Depot. — "Semi-Weekly Tribune." — Artesian 
Wells. — Money for Indigent Sick, — San Jose the Capital. — 
Eemoval of Supreme Court to San Jose. — Agricultural Society 
Organized. — Stage Fare to San Francisco. — Church Bm-ned. 

— Bell Purchased for Hook and Ladder Company. — Engine 
Company Organized. — Ben-eyessa Executed. — Fire Engine 
Purchased.— Engine House. — Vote. — City Hall. — Indebtedness 
of City. — City Loan. — County Jail. — School by Gates. — Im- 
provements.— " San Jose Telegraph." — Gmnibusses to Santa 
Clara. — Bells tolled for King of William. — Public Meetings 
on Vigilance Committees. — Earthquakes. — Eeincorporation 
of City. — Fire. — Execution of Cardoza. — Organization of 
Fire Department, and of Torrent Engine Company, No. 2. — 
Common Schools.— Number of Children. — Cemetery Enclosed. 
— Railroad Meeting. — Eules of Cemetery by Ordinance. — 
Improvements. — Crosby Shot. — Fire. — Election. — Squatter 
Meeting. — Dedication of Baptist Church. — City Expenditures. 

— Notice of Land Company and Commissioners of Funded 
Debt. — Horace Greeley. — Theater. — Incorporation of Agricul- 
tural Society. — "Daily Eeporter." — Mass Meeting. — "Weekly 
Eeporter."— School Fund.— Court House. 2i9-282 

CHAPTER XXI. 

1861-1S65. 

Gas. — Settler's Parade. — Refusal of the Posse Comitaius to obey 
Sheriff. — Adjournment of the District Court in Consequence 



Xll CONTENTS. 

Thereof. — Fire. — Votes. — Alameda Turnpike. — Indebtedness 
of City.— Fourtli of July. — A. Smith Executed.— "Weekly 
' Patriot." — Improvements. — -City Census of Children. — Gen. 
Naglee's Premises. — Earthquake. — Bridge. — " Courier." — 
City out of Debt.— Civil War. 283-298 

CHAPTER XXII. 

1866-1870. 

Growth and Industry. — "Daily Patriot." — "San Jose Weekly 
Argus." — Earthquakes. — Death of Hendricks. — City Grants. 
— Bank of Knox and Beans. — Ee-incorporation of City.— Sale 
of Part of Market Square.— Court-house.— Methodist Church. 

— City Vote. — Silkworms and Silk Looms. — San Jose Water 
Company.— Purchase of School Pfemises by City.— Building 
thereon. — Young Men's Christian Association. — County Bonds 
Purchased by the City.— City Vote.— New York Hotel.— Im- 
provements. — Fall Vote. — Market Street Extended. — Bank of 
San Jose. — San Jose Savings Bank. — City Vote. — "Daily 
Argus." — Horse Eailroadto Santa Clara. — Severe Earthquake. 

— Kailroad extended to Fifteen-Mile House. — Methodist 
Church Ground Sold.— Engine-house Lot purchased by City. 
— Methodist Chiirch burned. — Bailroad extended to Gilroy. — 
Eeceipts of Eailroad Company for ioiiv years.— Improvement 
of Washington Square. — Murder of Mrs. Hauser. — Erection 
of Methodist Church. — Number of Scholars in the City. — 
Directory of City. — Location of Normal School. — City Funds. 
— City Vote. — "Daily IndexDendent." — Consumption of Gas 
and Coal. — Number of City Consumers. — Woolen Manufactur- 
ing Company. — Opera House; Opening Address and Play. — 
Normal School Building. — Laying of its Corner Stone. — 
Music Hall. — Jail. — Hose Company.— Present Condition of the 
City. — Schools. — Value of Property. — Assessments. — Fiscal 
condition of the City. — General Appearance and Health of the 
City. 299-332 

CHAPTER XXIII. 

THE FTJEBLO Ij^ND TITLE. 

Law Defining Pueblos. — Act of Congress, March 3d, 1851. — Action 
of the Board of Land Commissioners. — Testimony. — Confir- 
mation of Four Square Leagues to the City. — Appeal to U. S. 



CONTENTS. XIU 

District Court, anclEeTersal. — Appeal to U. S. Supreme Court. 
— Final Decree of Confirmation to the City of Amount Claimed 
— The Laud Company's Claim to the Pueblo Lauds. — Survey 
of Pueblo Lands.— Map. . - - 333-349 

CHAPTER XXIV. 

BIO&R^T'IIIC-A.Ij skexchtgs. 

Hon. Peter H. Burnett.— Gen. H. M. Naglee.— Maj. S. J. Heusley. 
— Jacob D. Hoppe. — Charles White. — Joseph Aram. — Isaac 
Branham. — James F. Reed. — Thomas Fallon. — Adolph Pfister. 
— Peter Quivey. — Hon. James M. Jones. — Hon. C. P. Hester. 
—Hon. W. T. Wallace.— Hon. A. L. Ehodes.— Andrew J. 
Grayson. - - - - 350-395 

CHAPTER XXY. 

QXJICK SILVER MIINES. 

Discovery of the New Almaden ; Working of the Mine in 1824 
by Suiiol and the Eobles ; Experiments by Andres Castillero, 
in 1845; Denouncement of the Mine by him; his Proceedings 
to acquire Title thereto; his Working of the Jline; his Sale 
to Messrs. Barron, Forbes & Co.; their Possession and Work ; 
Furnaces and Process of Working therewith; Geological 
Character and Chemical Analysis of the Ore ; Mode of Obtain- 
ing and Transporting Ores ; Products of tie Mine ; Sale thereof. 
— Almaden Mine in Spain; Comparison between t^e two Mines. ' 
— Enrequita Mine. — Title to the New Almaden. — Guadalupe 
Mine. ----- 396-414 

CHAPTER XXVI. 

IVIissioiis of Santa Clara and. San Jose.— Santa Clara 
College, and. University of the ^Pacific. 

Comandante of San Diego and Father Peiia make the first Visit to 
Santa Clara Valley in 1776 ; their Visit to San Fi-ancisco. — 
Father Pefia returns to Santa Clara ; he Builds a Cross, and 
says the first Mass under it. — Founding of Santa Clara Mis- 
sion. — Death of Father Murguia. — Dedication of Mission 
Church. — Vancouver's Visit to, and Description of, the Mis- 



XIV CONTENTS. 

sion. — Earthquakes. — Building of the present Mission Church. 
— Description of the Mission by a Spanish writer in 1822. — 
Population and Stock of Missions in ISS^l and 1842. — De- 
scription of Missions by De Mofras. — Colonization of Cali- 
fornia. — Laws and Regulations for the Secularization of4he 
Missions. — Possession by the Priests under United States 
authority. — Possession of Santa Clara Mission by Eedman 
and Clayton; Suits by and against them. — Missions Confirmed 
to Eoman Catholic Church. — Opinion of Court on the Nature 
of Missions. — • Santa Clara College. — San Jose Mission. — 
University of the Pacific. ---- 415^41 



CHAPTER XXYII. 

Ai-ea of County: Population in 1852, 1860, and 1870; Number of 
Children; Rate of Assessment on Property; County Indebted- 
ness; Value of Property in the County; Number of Live Stock; 
Productions. — Angora Goats. — Adaptability of Soil an^l Cli- 
mate to all Plants. — Health of Climate. — Temperature in 
each Month. — Philosophy of the Pacific Climate. — Climate 
of Santa Clara Valley.- — Bayard Taylor's Description of the 
Valley. 442-454 



APPENDICES. 



APPENDIX NO. 1. 

Colonial Governors of California. — Treaty with Mexico; when Rati- 
fied. — State Constitution; when Adopted. - - - - - 455-457 



APPENDIX NO. 2. 

Pueblo Officers. — Mayor of City, and President of Board of Trus- 
tees. 458-459 



CONTENTS. XV 

APPENDIX NO. 3. 

Eegulations under Spain for Government of Pueblos in Cali- 
fornia. • 460-173 

APPENDIX NO. 4. 

Suit of Land Company against City of San Jose. - - - - 474-479 



APPENDIX NO. 5. 

Boundaries of the Pueblo of San Jose. 480-483 

APPENDIX NO. 6. 

Private Land Grants in the County of Santa Clara. - - - 484-488 

APPENDIX NO. 7. 

Laws for California, passed by the Mexican Congress in 
1837. - 489-537 



HISTORY OF SAN JOSE 



SUEROUNDINGS, 



CHAPTER I. 

I'r08-17'70. 

Ci-salization of the Americas. — Americau Colonies. — Their Conflict 
with Great Britain. — Adventures of the Si:)aniards. — Charles III. 
— His Character. — The Aztecs. — Their Traditions. — Indian Tradi- 
tions of Upper and Lower California. — The Californias considered 
as an Island a century ago. 

During the last half of the last century there 
existed a great vigor of thought, a great physical 
activity in the advancement of civilization in the 
Americas. It is true, that emigration from Great 
Britain to her Colonies was, for a period, brought 
nearly to a cessation. Dr. Franklin observed, be- 
fore 1760, that '^ There has not gone from Britain 
to our Colonies, in these twenty years past, to 
settli there, so many as ten families a year." But 
this did not evidence a paucity of resources, nor, 
that a fair industry was not amply remunerated in 
those oppressed Plantations. There did exist a 
restlessness, a defection ; a determination sooner or 



2 HISTORY OF SAN JOSE' 

later to paralyze the hand of oppression, to crush 
the heart of insolence, to resist unjust taxation, 
and to extend the area of freedom of thought, of 
expression and of' action. The fires that were 
heating the political cauldron were fed by con- 
tinued acts of oppression imposed by the Mother 
country; until, at last, a general conflagration over- 
spread the whole people, and the Colonies became 
the theatre of a momentous struggle, the final 
result of which has produced an everlasting influ- 
ence upon the interests and destinies of mankind. 
While England was thus in stubborn conflict 
with those Colonies, the Spanish tide of adventur- 
ous enterprise was rolling over the boundless re- 
gions of the Western empire, ^rich and luxurious 
provinces, — lands bathed in a genial clime, — lands, 
too, endowed with the alluring and, sometimes, 
fatal gifts of silver and gold. 

From 1759 to 1780, Charles III. swayed the 
sceptre on the Spanish throne. He was a kind- 
hearted and generous prince, a man of more than 
ordinary intellectual power, and of considerable 
executive ability. In all those qualities far super- 
ior to his half-brother and immediate predecessor, 
Ferdinand IV.,; and, in generosity and considera- 
tion for the welfare of his subjects, in ideas of 
progress, and vigor of mind, he infinitely surpassed 
his profligate son and successor, Charles IV. He 
had paid much attention to finance, commerce and 
agriculture while he was King of Naples, and the 



AND SURROUNDINGS. 



acquirements tlius made were of immense value to V 
him after the acquisition of his new throne. We 
cannot deny that he possessed, to a great degree, 
that trait so characteristic of the House of Bour- 
bon, — fondness for the chase. His European do- 
main was but a hand's breadth in comparison with 
his vast American territories. He gave great im- 
petus to commerce and to agriculture. Although 
the distant possessions of Mexico and the Califor- 
nias were under the immediate government of his 
Vicero}^, he was not unfamiliar with their respec- 
tive conditions. His gifts were liberal in the dis- 
position of his uncultivated lands, and by virtue 
thereof he induced his subjects to settle on his 
new and unexhausted soil. 

As the successive changes iu this territory pass 

in review before us they will exhibit four difl^r- 

• ent governments: that of Spain, of tlie Empire 

under Iturbide, and those of the Republics of 

Mexico and the United States. 

So far as we can glean from historic or tradi- 
tional fields, the ancestors of the Aztec race, that 
battled against the encroachments of the proud 
Spaniards, went forth from the J^orth t^ people 
the broad and fruitful plateaus, and valleys of 
Mexico. But we are at as great a loss to define 
the boundaries of that " Xorth," as we are to 
ascertain whence and when the human race first 
migrated into Italy. The great depositaries of 
history and tradition have furnished no proof of 



4 HISTORY OF SAN JOSE 

v* either. The domain through which courses the 
Gila and Colorado, still possesses some debris 
supposed to be the remnants of rude architectural 
structures of the semi-civilized Aztecs. Whether 
the beautiful valleys of California this far Xorth 
were ever held in subjection by that race is un- 
known. Such an inquirj^ may offer some tempta- 
tion to the fanciful antiquarian, but the paths will 
all doubtless lead him into the realms of enchant- 
ment, where he may cull flowers — not facts. 

The Indians of Lower California, one hundred 
and fifty years ago and more, amused their chil- 
dren, and interested the stranger that came within 
their hunting-grounds, by relating the legends 
handed down by tradition about their ancestors. 
They told how the big chiefs among those ancestors 
fell into a dispute at a great banquet; how they 
became enraged ; how they fought, and how the 
conquered parties advanced to the South and 
rested in that southern land, far away from the 
victors. But the Indians of Upper California 
were of far less capacity; they had not equal cour- 
age ; they had less physical and mental power; 
they were indolent and ignorant in comparison 
with thos'e who dwelt in the South and East. In 
fact, it is not known that they ever had any tradi- 
tion among themselves as to their ancestors, or 
scarcely any as to their country. 

The most civilized nations of the world knew 
but little about Upper California until the last 



AND SURROUNDINGS. 5 

quarter of the last century. Capt. Woods Rogers, 
commander-in-chief of the expedition around the 
world, made in the ships Duke and Duchess, 
of Bristol, which was commenced in 1708 and 
finished in 1711, in speaking of •California says: 
'' It is not certainly known whether it be an island 
or joins to the continent. The Spaniards told me 
that some of their folks had sailed as far up as 
latitude A2° N.; meeting with shoal water and 
abundance of islands dared not go farther. Shoal 
water and islands are a general sign of being near 
some main land. The Dutch say they formerly 
toc^ a Spanish vessel in those seas which had 
sailed around California and found it to be an 
island. That cannot be depended on." 

Father Kiihn ascertained to his satisfaction 
in 1709, that Califorilia, or the peninsula, as 
he termed it, joined the continent. Even a 
century ago, European geographers placed Cali- 
fornia on their maps as an island. Archbishop 
Lorenzana wrote in his history of New Spain, in 
1770, that "It is doubtful if the country of New 
Spain does not border on Tartary and Greenland — 
by the way of California on the former, and by 
New Mexico on the latter." Such was, one hun- 
dred years ago, the scanty and imperfect knowl- 
edge possessed by civilized nations of this now 
far-famed land. 



6 HISTORY OF SAN JOSE 

As tradition has served us to no purpose, we 
shall commence with the Spaniard who, as he ad- 
vanced into his new possessions, carried the pen 
and ink, and from his records we may trace him 
and his various acts down the stream of Time, 
and form therefrom a part of the history we herein 
relate of a small, but the fairest, portion of this 
Great Republic. 



AND UKROUNDINGS. 



CHAPTER II. 
iror— 1780. 

The Viceroy. — Junipero Serra. — First Settlement in Upper California. 
— San Diego, Stin Carlos, San Francisco and Santa Clara. — Topo- 
graphy of the Valley of Santa Clara. — Errors in "Natural Wealth. 
of California." — Astronomical Position of San Jose. — First Settle- 
ment of San Jose. — Gomaudancia-Geueral of the Northern Prov- 
inces of Mexico. — Instructions of Viceroy. — Approval by the King 
of the Founding of San Jose. 

J SHALL make no apolog}^ for stepping over the 
municipal confin6s of San Jose in this history, 
inasmuch as there were many occurrences without 
its territorial limits that bear indirectly upon. its 
annals. And further, the Pueblo extends its area 
far beyond the now city limits. 

The immediate conclusion to civilize and settle 
Upper California, arose from the expulsion of the 
Jesuits from Lower California in 1767. Marquis 
de Croix, Yiceroy of Mexico, having, in 1768, 
concluded that it was time to know more about 
this distant land and to enlighten its natives, en- 
trusted the enterprise to the priesthood, and nomi- 
nated Father Junipero Serra, a Franciscan friar, 
as Missionary-President of Upper California. He 
took with him sixteen brothers of his own Order 
from the convent of San Fernando, in the city of 
Mexico. He arrived at San Diego July 1st, 1769, 



8 HISTORY OF SAN JOSfi 

and on the 16th organized a mission there. The 
first native was baptized there December 26th of 
that year. The Mission of San Carlos, at Monte- 
rey, was founded June 3d, 1770. The Presidio at 
San Francisco was estabhshed September 17th, 
1776, and the Mission of San Francisco de las 
Dolores, October 9th, 1776, and the Mission of 
Santa Clara, January 18th, 1777. The foregoing 
data are herein given that the reader may carry 
them along in his mind as he contemplates the 
history we are about to record of that town of an 
almost contemporaneous creation. 

The city of San Jose, pronounced San Ilasay, 
and written in English Saint Joseph, formerly 
known as the Pueblo de San Jose de Guadalupe, 
is situated on the riglit bank of the Guadalupe 
river, about eight miles south of the bay of San 
Francisco, in the county of Santa Clara, and in 
the broad and beautiful valley which bears the 
same appellation as the county. Although the 
land which encircles San Jose, for a very consid- 
erable extent, has been christened ''Santa Clara 
Valley," yet the domain thus denominated is but 
a part of the great valley which embraces several' 
counties, and sweeps down from the city at ths 
Golden Gate in one apparent un'/orm level to San 
Juan South, a distance of more than ninety miles. 
The ancient name of this great valley at the time 
of its first settlement was San Bernardino, from 
San Francisco to San Juan Bautista. It is oval 



AND SURROUNDINGS. 9 

in form, and its width at San Jose is about 
fifteen miles. At ab^ut four miles south of San 
Jose, small hills, Lomas Lagrimas (Hills of Tears), 
appear to fence in the vallc}^; but they are not 
extensive, nor do they obstruct either road that 
leads southward. They are probably about two 
miles in extent at their base.* Eight miles far- 
ther south the valley narrows to a width of nearly 
throe miles, and thus extending six miles farther, 
when it gradually expands to a breadth of some 
six miles and so sweeps onward. On eitlicr side 
the valley is bordered by a chain of mountains 
running northwest and southeast, and ranging in 
altitude from one thousand to nearly four thousand 
feet. Directly east, and about t^yelve utiles on an 
air line from the city, is Mount Washii^ton, 4,448 
feet high. The western range near the Almaden 
'Mines is crowned by two peaks, standing- like senti- 
nels watching the precious metal emboweled in 
the . surrounding hills, but firmer on their base 
than that metal which oozes out in silver streams 
from these mercurial fountains. The one termed 
by the Indians Choual, is 3,530 feet in altitude. 
The (^er, Oumouhum. since named Mount Bache, 
is 3,430 feet. On the western mountains grows 
the. tall and stately redwood (Sequoia 8em2oervirens) ^ 
so serviceable for buildini;' timber — so stubborn in 

* These Mils are so named because in early times, when some of the 
early settles were coming np from the State of Sonora, they stopped 
there, and their provisions giving out caused the cliildi-en to cry. 



10 HISTORY OF SAN JOSE 

« 

resisting the march of decay. Also many oaks 
and madrofia shade nook and ravine. The east- 
ern range, which slo|)es down in irregular curvi- 
linear lines,' bears a scanty forest of oaks; but its 
grassy knolls and nooks, intermingled with its 
multifarious wild flowers, in their vernal freshness 
array themselves in rainbow-tints in the rays of 
the gorgeous West. 

From out those eastern hills, at a distance of 
twenty-five miles from San Jose, the Coyote stream 
takes its rise, and leaping among the hills in a 
westerly course until it flows into the valley at a 
distance of eighteen mile* southeast of the city, it 
circles around to the northwest, and meandering 
through the valley by the eastern confines of the 
city, empties its contents into the bay of San 
Francisco. During the rainy seasons this stream 
rushes torrent-like, surging first on this then an. 
that side, gullying out its banks and freighting in 
its swiftness the mud and sand scooj)ed therefrom 
into the salt-water basin of the sea. Then in the 
dryness of Summer heat it is as quiet as a gentle 
lamb, calmly meandering, as if reluctant to leave 
tlie luxuriant valley, scarcely moving, sfarcely 
moistening the sparkling sand below. It bore its 
present appellation last century; from the fact, I 
presume, of there being so many coyotes (cams 
latrans), in the valley and along its banks. This 
animal partakes of the nature ' of theffox and 
wolf. Its skin is sometimes sold from fifty cents 



AND SURROUNDINGS. 11 

to a dollar. Its bark is less harmonious and mu-* 
sical than the Chinese gong; and the weary mid- 
night traveler would prefer the gruff voice of the 
storm to the death-like howl of this sneakins: 
beast. 

The river Guadalupe, named after the patron 
saint of Mexico, has its source about one league 
southwest of San Jose, in the place called Souzal. 
It is fed by springs and other small streams. It 
runs in a northerly course until it comes near the 
city, then turns and courses northwesterly, and 
pours into the San Francisco bay. It is always 
supplied with water, and for that reason* the 
Pueblo was laid off on its bank that the settlers 
might be provided with sufficient water for irriga- 
tion. It is clogged with floodwood, and to that 
fact may be attributed its occasional overflow in 
tjie seasons of very heavy rains. It needs to be 
dredged ; were that .well done, there would be 
no room for fear in the heaviest rains. The dam- 
age from its overflow has been very slight, and 
might be entirely remedied as suggested. 

Before proceeding further with our narration, 
I must call the attention of the reader to the 
almost unpardonable mistake made in the de- 
scription of the two foregoing streams, the Coyote 
and the Guadalupe, in "The Natural Wealth of 
California," by Titus Fey Cronise. He says : 
'' Thes(j(have their source in a lagoon in Pene- 
tencia Canon, and, after ^flowing a few miles 



12 HISTORY OF SAN JOSE 

among the mountains on the east, approach San 
Jose, and then unite and empty into San Fran- 
cisco bay, near Alviso." As the two streams 
run parallel to each other, and about two miles 
apart, the description is ludicrous. To a resi- 
dent of San Jose, such a departure from the truth 
needs no explanation. But I am addressing my- 
self, in this respect, more particularly to the 
stranger. I speak of it out of no unkindness to 
the author, for whom I entertain a high respect : 
nor do I desire to detract from a work which is of 
great value to the State, and a passport of the 
qualifications of its author. He has explained to 
me the cause of the error. He relied on another 
person, who promised to give him a correct state- 
ment of facts. How well that person complied 
with his promise, the reader can judge. I deem it 
a duty which I owe the public to correct herein 
the great error, as the author has spread before 
the world a plot of the ground which I have at- 
tempted to portray. 

The rivulet known as the Aguage, but errone- 
ously called by some La Penetencia, and named 
by the Indians Shistuk, has its origin in the eastern 
mountains, from which it runs in a westerly course 
into the valley, and loses itself in the low ground : 
and in the rainy seasons floods the land on which 
stands the patch of willows near the premises of 
James- Murphy, and whence springs Ae little 
stream, the true appellation of which is La Pene- 



AND SURROUNDINGS. lo 

tencia (Penitence). Its Indian name was Yukis- 
ma. This latter stream lias a northerly course, 
passing bj- and near Milpitas, and discharges itself 
into the estuary or bay. It received the name of 
La Penetencia from flie fact that the priests from 
the Missions of .Santa Clara and of San Jose used 
to meet under the shady oaks near its banks, and 
confess their sins to each other. About every two 
months might have been seen a calesa — a two- 
wiieeled vehicle, with windows on* the sides and 
in front, but no glasses in them, drawn by two 
mules, and followed by half a dozen servants, 
winding, its way from the Mission of Santa Clara 
to that little purling brook. If a looker-on would 
have turned his e3^es toward the Mission of San 
Jose, he might have espied another priestly train, 
bearing about the same aspect. The passers-by 
knew at a glance that in all that splendor, (for 
such it was then in this country,) rode one, or per- 
haps two, of the gowned fraternity. Two persons 
filled the carriage. These vehicles were manu- 
factured at the Missions. 

Returning to topographical descriptions, we will 
add, that there are numerous other streams in the 
valley which are of much importance in connec- 
tion with San Jose and the valley generally, having 
mill-sites, which are used for manufacturing and 
milling purposes. 

The absolute or astronomical position of the 
city of San Jose is in 37 deg. 20 min. 50 sec. north 



14 HISTORY OF. SAN JOSE 

latitude, and 121 deg. 51 miu. 35 sec. west longi- 
tude. Its history dates back to the time of the 
terrible struggle for American Independence, from 
that ever memoi'able year when, at Saratoga, the 
final issue of that war was seA,led by the complete 
overthrow of the British forces i;nder Gen. Bur- 
goyne; the same year, too, that the bright coun- 
tenance of that true patriot Lafayette first radiated 
over the American people. These facts may serve 
as remembrancers of the Pueblo's natal year. 

Senor Don Felipe Neve, Governor of IS^ew or Up- 
per Californiaj was required, among other things, 
to inform his Majesty the King, through the Vice- 
roy of Mexico, as to the topography, character, 
and condition of this country, and what locations 
were most suitable for settlements.-. He had ex- 
amined the country from the Presidio of San 
Diego to that of San Francisco; and having come 
to the conclusion that the tract of land (now" Los 
Angeles) which lies contiguous to the river La 
Porcincula. forty-two leagues from San Diego, 
and two from the Mission of San Gabriel; and also 
that tract on the margin of the river Guadalupe, 
twenty-six leagues distant from the Presidio of 
Monterey, sixteen from that of San Francisco, and 
three quarters of a league from the Mission of 
Santa Clara, were the most advantageously situated 
for Pueblo settlements, thus reported to the Vice- 
roy, by letter bearing date June 3d, 1777. He 
also solicited therein authority to establish Pueblos 
on the above-mentioned sites. 



AND SURROUNDINGS. 15 

t 

The distance to the City of Mexico being so 
great, the opportunities of communicating there- 
with so unfrequent, the absolute nece'ssit}^ of being 
independent of the arrivals or non-arrivals of ves- 
sels from Mexico for the necessities of life, and the 
conveniences, as well as the great economy which 
the production of cereals and vegetables here would 
inure to the royal treasury, were sufficient reasons 
in the mind of the Governor to dgtermine him to. 
wait no longer for the sohcited and long-expected 
authority. He therefore resolved to form the set- 
tlement of a town. In accordance with this reso- 
lution, he ordered Don Jose Moraga, Lieutenant- 
Commandant of the Presidio of San Francisco, to 
withdraw from the garrison of that Presidio nine 
soldiers, skilled in agriculture, and two settlers, 
which, together with the three obtained for that 
purpose, completed the number of fourteen set- 
tlers. The Lieutenant-Commandant, with his lit- 
tle band of adventurers, on the 29th day of No- 
vember, A. D. 1777, planted themselves near the 
river Guadalupe, designated their camp as a Pue- 
blo (Town), and assumed for its tutelary divinity 
the holy Saint Joseph. The same sun that smiled 
on them, in the arduous duties of their new enter- 
prise, cheered the weary soldiers that were gath- 
ered around their camp-fires on the shores of the 
Atlantic. 

Although they had advance* into a new terri- 
tory, surrounded by the wild natives, and heard 



16 HISTORY OF SAN JOSE 

» 

not an intelligible word lisped, save from among 
their own little group and from the few at the 
neighboring Mission, yet their hardships did not 
compare in severity with those experienced by 
the hardy settler that first made foot-prints among 
the deep forests on the northeastern coast of North 
America. There the inclemency of the climate in 
the rigor of winter, the hostility of brave Indian 
warriors, the hi^ge trees that were to be felled be- 
fore the necessaries of life could be brought forth — 
all, all these made their lives laborious and haz- 
ardous- in the extreme. The rifle was the usual 
accompaniment to the woodman's ax, and the 
trees • themselves were as battlements, from be- 
hind which the fatal arrow often winged its flight 
to the heart of the sturdy adventurer. 

Here, on the Pacific coast, a balmy climate fa- 
vored the colonists. It is true that the Indians 
were numerous, but, as warriors, they sank into 
insignificance by the side of the Eastern red-men; 
nor were they inclined to bring on a conflict with 
a race superior in the art of war, and with soldiers 
that were encased in thick buckskin, through 
which the arrow could not penetrate. Here, too, 
a vast plain surrounded the new-comers, all ready 
for the plow — not a stone, nor tree, nor stump 
impeded the plowshare. Indeed, the trees in the 
valley were so few that it would have been con- 
considered barbarous to have unnecessarily felled 
them : and ■ now the voice of civilization cries 



AND SURROUNDINGS. IT 

out, ''Woodman, spare that tree!" as man wan- 
tonly strikes the ax into its trunk. 

Although lime was requisite, as well as labor, 
to produce the sustenance of life in vegetable 
form, animal food was by no means scarce. Rab- 
bits were plenty, and the nimble-footed deer and 
antelope frisked and bounded over the plain and 
the hills, innumerably ; and when the huntsman 
took down his gun and skulked out behind a bush, 
perchance a tree, it was not long before the echo- 
ing rifle told the settlement the glad tidings that 
their next meal would be made on venison — to 
them as sweet as the richest repast ever set in 
kingly hall. 

Governor Neve, on the 15th of April, 1778, 
wrote the Viceroy, informing him that he had 
founded the Pueblo de San Jose, stating at the 
same time the full particulars in relation thereto. 
The Governor received, in reply, a letter from the 
Viceroy, bearing date the 22 d of the following 
Jul}^, expressing great satisfaction for the infor- 
mation which he had communicated, as well as for 
the acts the Governor had j^erformed ; and stating 
also, therein, that great utility would result from 
the establishment ; that the effect would be that 
within two years the crops would be sufficient to 
supply the Presidios, resuliing thereby in much 
economy, in lessening the expense of the royal 
treasur}^, and in the extension of the Catholic 



18 HISTORY OF SAN JOSfi 

reliorion amono; the heathens who inhabited the 
country. 

In order to relieve the Viceroy of Mexico of 
some of his duties, or rather to aid him in carry- 
ing them out, a Comandancia-General de Provin- 
cias Internes was created. This Comandancia 
originally embraced several of .the most northern 
Provinces of Mexico. The extent of its territory 
rendered the duties attached thereto quite oner- 
ous. In consequence thereof, and upon the so- 
licitation of the Comandante-General, the King 
subseqifently caused a division of the territory, so 
that one division was termed the Comandancia- 
General of the Four Interior Provinces of the 
West, and which embraced the Cahfornias, So- 
nora, New Mexico, and Vizcaya. * Its chief offi- 
cers were one Comandante-Greneral, one Coman- 
dante-Inspector, and three Ayudante-Inspectors. 
The Comandante-General did not remain perma- 
nently at any fixed place, but passed from town 
to town, as duty required. He was next to the 
Viceroy in authority over the territory within the 
confines of his Comandancia. 

Don Teodoro de Croix 'was the Comandante- 
General of this Comandancia for quite a period. 
He signed his official documents " El Cavallero de 
Croix," the Knight of the Cross. He notified the 
Governor of California by letter dated at the Pueblo 
de Nomhre de Bios (Town of the Name of God), 
which I understand to be Arispe, July 19th, 1779, 



AND SURROUNDINGS. 19 

tliat by ro3^al order the King had approved the 
founding of the Pueblo de San Jose. A cop}^ of 
that order* was transmitted with the foregoing let- 
ter. It bore date March Gth, 1779, and states that 
the King has been informed that the Governor of 
California, Don Felipe de Neve, had established a 
new settlement of liine residents on the margin of 
the river Guadalupe; that his Majesty has been 
pleased to approve the same, and that he desired 
El Cavellero de Croix particularly to charge Gov- 
ernor Neve to have care that the new Pueblo may 
aid and not prejudice the neighboring Mission. 
Antonio Bruillo certifies as Secretary of the Co- 
mandante, July 22d, the same year, that the origi- 
nal of said royal order is on file in his office. 

On the 27th of the following December, the 
Comandante-General, under the romantic signa- 
ture of The Knight of the Cross, .communicates 
with Don Fernando de Rivera y Marcado, Coman- 
dante of the Presidio of Monterey, giving him 
much advice, many instructions, and his opinion 
relative to the government and welfare of the 
Californias. He sets forth thei-ein that for the 
proper defense, preservation and protection of 
the Californias, in which " the service of God and 
the King were particularly interested," he has de- 
termined upon the occupation of the channel of 
Santa Barbara, by establishing a presidio of the 
same name and three missions; also a Pueblo with 
the title of '^Reyna de los Angeles" (Queen of 



20 HISTORY OF SAN JOSE 

the Angels), on the river Porcincula; and that his 
Majesty has approved of the one on the banks of 
the Guadahipe river, called San Jose. Ihat in or- 
der to ensure success in these new and important 
estabhshments, the Governor of the Province, 
Don Felipe Neve, had solicited in several peti- 
tions that the said Don Fernando de Rivera y 
Marcado be sent to this country; to which he, El 
Cavallero de Croix, had cheerfully consented; and 
that the occasion had now arrived for zealous ex- 
ertion in the carrying out of his instructions. 

The chief instruction was in regard to the re- 
cruiting of families and soldiers for California, so 
that this Province should not suffer injury from 
the sparseness of its population; and also that the 
increase of horses, mules and other things neces- 
sary for the promotion of the old and new estab- 
lishments of the peninsula should be attended to. 
Don Fernando was especially charged in prefer- 
ence to anything else, to carry' out the arrange- 
ments which the gallant Knight of the Cross had 
made ; to report his prospects before he set out 
from the Capital, Monterey, and during the exer- 
cise of his commission, and particularly to report 
all doubts and difficulties which presented them- 
selves, in order that he, the said Knight, might 
remove them if possible. 

In Article 14th of these instructions the distin- 
guished Cavallero especially declared that Don 
Fernando should not deceive the recruits by offer- 



AND SURROUNDINGS. 21 

ing them more than they were actually to receive ; 
and being aware, he observes, that this is a deli- 
cate poinlj, it requires further explanation. He 
then, as explanatory, calls his attention to the 
fact that the recruits for the Pueblos were to re- 
ceive the monthly pay of ten dollars and the ordi- 
nary daily rations for the period of three years. 
To each one was to bo given two cows, two oxen, 
two mares, two beeves, one mule, two sheep, two 
goats and the necessary implements for the culti- 
vation of the soil. But the said recruits were to 
reimburse the royal treasury for all these articles 
thus received by them, excepting their monthly 
pay and rations. This reimbursement was to be 
made in installments, from the sale of fruits, grain 
and cattle ; but in such a manner as would leave 
them a sufficiency for a comfortable subsistence. 
Such were the provisions made for the civil set- 
tlers, but for the military recruits it was some- 
what different. Inasmuch as the latter enjoyed a 
fixed and better pay and were governed by foreign 
rules, that is, military regulations of Spain, they 
were to pay in reasonable installments the expense 
which the enrolment of themselves and families 
occasioned, and that of the cavalry equipments, 
arms, provisions and horses. 

El Cavallero further advised Don Fernando 
that the common people had circulated false re- 
ports, thereby causing it to be believed that great 
losses were to be sustained by reason of the dis- 



22 HISTORY OF SAN JOSfi 

county on the pay of the officers, troops, and in- 
habitants of Pueblos; and that these reports might 
deter many from taking advantage of the occasion 
which was presented to them to obtain an honor- 
able and happy home, and to do lawful service 
to the King which would merit in every respect 
his sovereign pleasure, and a just recompense. In 
order to do away with these false reports, he coun- 
seled Don Fernando to proceed in accordance 
with the dictates of prudence and truth, which he 
says " are the governing principles of my orders," 
under the guidance of which he endeavored to 
apply an efficacious remedy to the evils which he 
was persuaded existed more in appearance than in 
reality. He further remarked that the evils did 
not result from tli^ regulation of the service, but 
rather from the loose manner in which they were 
observed, and that they might be easily remedied 
by systemizing the regulations, and changing those 
which experience had demonstrated should be mod- 
ified, and then to enforce a vigorous observance of 
the same. The complimental Knight assured Don 
Fernando he was quite satisfied that the important 
commission entrusted to his care would be de- 
votedly attended to ; and, in consideration of his 
faithful performance of the same, he should not 
forget to inform his Majesty of this new service, 
that he might be pleased to confer upon him such 
favors as would be agreeable to his royal plea- 
sure. 



AND SURROUNDINGS. 23 

The Cavallero finally closed his- epistle by de- 
claring, that he would furnish all the supplies of 
clothing and other requisite articles' for the recruits 
and their families, according to Article 22 of the 
Instructions, which recruits, he observes, "are to 
make their first march to the Alamos." Thus ended 
that important document, and with the familiar 
Spanish and Mexican farewell salute, "God pre- 
serve you many years." 

El Cavallero de Croix, on the 9th of February, 
1780, again turns his attention to California, and 
addresses himself to his Excellency Martin 'de 
Monjorga. He informs the latter that his Majesty 
the King, most particularly charges him, El Cav- 
•allcro, to have especial care for the welfare of the 
Province of California, and that such is the prin- 
cipal purport of the royal instruction. He relates 
to Don Martin that Governor Neve, in consequence 
of the orders of his Excellency, the Senor Viceroy 
(predecessor of Don Martin) had proposed several 
plans in relation to the better defense and im- 
provement of this important country. That he had 
carefully examined the several reports of the Gov- 
ernors, and that, as they deserved from him the 
same favorable opinion which they had received 
from the late Viceroy, he had ordered the occupa- 
tion of the channel, of Santa Barbara ; that a 
Pueblo be established by the name of "La Reyna 
de las Angeles," on the Porcincula river; and that 
his Majesty had been pleased to approve of the 



24 HISTORY OP SAN JOSE 

one founded oii. the banks of the river Guadalupe, 
called San Jose. 

The repeated approvals, which we have already- 
seen, by the King, of the Pueblo of San Jose, leaves 
no doubt that it w^as legally established. 

El Cavallero, continuing his address to Don 
Martin, reminds him of the fact that the aug- 
mentation of troops is requisite, and that it is 
equally necessary to recruit families for the Pu- 
eblos; and to increase the stock of cavalry horses, 
and of various other things. The address con- 
tains a copy of the plan formed to facilitate the 
objects referred to, and in which Don Fernando 
was specially enjoined to observe a strict disci- 
pline; and Don Martin was requested to contribute^ 
his kind offices to aid him in the execution of the 
same. He further informs Don Martin, that he. 
El Cavallero, on his part, has made the necessary 
arrangements for the counting and making a list 
of the cattle, which the commissioned officer, Ri- 
vera, is to preseijt as soon as he shall have finished 
the recruiting of troops and families for the Pueblos, 
and. the collecting of cavalry horses, all of which 
will be provided for out of the royal treasury at 
Guadalajara and Alamos. 

I have thus given *the reader some insight into 
the procedure established by^the King for the set- 
tlement of the Province of California, and shall 
proceed in the next chapter to relate the special 
proceedings in relation to the settlement of San 
Jose. 



V 



AND SURROUNDINGS. 25 



CHAPTER III. 

Governor Fages. — First Grants of Lots, and Possession Given, in San 
Jose. — Form of Grants ; Conditions therein. — Slow Growth of the 
Pueblo. — Solicitations for Large Tracts of Land within the Pue- 
blo ; Refusal thereof. — "Wood and Pasture Lands of Pueblo not to 

be Granted to Individuals. — Four Square Leagues the Ai-ea of a 

« 
Pueblo. 

Don Pedro Pages became Governor of California 
in September, 1782, and remained in the Guber- 
natorial chair eight successive years. On the 24th 
of December of that year, he ajipointed Don Jose 
Moraga, who was Lieutenant-Commandant at the 
Presidio of San Francisco, a Commissioner to go 
to San Jose, and, in accordance with the royal 
regulations, give, in the name of his Majesty the 
King, possession to the nine pobladores (founders) 
of their suertes (cultivable lands), solars (house- 
lots), and iron brands to mark theii; cattle; and to 
give titles to those lands. The Commissioner was 
ordered to appoint two assisting witnesses. This, 
the Governor says he orders, that the possessions 
may be uniform and regular, and that the citizens 
may know what is vacant land, and what is defined 
as common lands for pasturage, ejidos (vacant sub- 
urbs for buildings), and what is wood lands. It was 
ordered that the titles should contain the condi- 



26 HISTORY OF SAN JOSfi 

tions provided by the law of Title 14 of the Reg- 
ulation for the Government of the Provinces, made 
by Governor Neve, at Monterey, June 1st, 1779, 
and approved by his Majesty the King, by royal 
order, October 24th, 1781 ; that the poNador should 
sign his title accepting those conditions; also, that 
the Commissioner and the two assisting witnesses 
should sign the same; that the titles should be 
sent to the Governor for his approval, and regis- 
tered in the Great Book, and that a cei;tified copy 
be given to the interested party, together with a 
copy of the order from the Governor to the Com- 
missioner, that the espedieiite (the whole proceed- 
ings) might serve him as a title. 

September 1st, 1783, the Commissioner made 
his report, signed by himself and his two assisting 
witnesses, setting forth that on the loth day of 
the preceding May he had appointed Felipe Tapia 
and Juan Jose Peralta as assisting witnesses; that 
they then accepted the office, and certified in writ- 
ing to the acceptance ; that on the following day 
he summoned the nine p'ohladores and the assisting 
witnesses to appear before liim ; that they all vis- 
ited the lands to be distributed, and that in their 
presence he gave them possession of their respec- 
tive tracts of land, as follows: 

The first grant, or possession, given was that of 
a solar (house-lot), thirt}'' varas square, to Ignacio 
Archuleta, adjoining the solar of the Ayuntamiento 
(the lot on which stood the house of the Town 



AND SURROUNDINGS. ' 27 

Council) on the one side, and on the other the lot 
of Manuel Gonzales; that he then went to the 
sowing lands and measured off four suertes (lands 
for cultivation), containing two hundred varas 
square, all of which were irrigable; and that he 
gave possession of the same to the said Archuleta. 

That on the next clfiy, the 15th, he gave to 
Manuel Gonzales the same amoiuit of land ; that 
the suertes of Gonzales were bounded by those be- 
longing to Jose Tiburcio Yasquez, Bernado Rosa- 
les, Claudio Alvires, and Sebastian Alvitre; that 
the solar of Gonzales was bounded by that of Ar- 
chuleta on the one side, and by that of Yasquez on 
the other. 

That on the same day, he gave to Jose Tiburcio 
Yasquez the same quantity of land ; that his suertes 
were bounded by those belonging to Francisco 
Avila, Bernado Rosales, Manuel Gonzales, and 
Manuel Amesquita. 

That on the following day, he gave to Manuel 
Amesquita a solar, bounded on one side by that of 
Tiburcio Yasquez, and on the oth§i' by that of An- 
tonio Romero ; that he also gave him four suertes, 
bounded on one side by those of Claudio Alvires, 
and on the other by those of Tiburcio Yasquez. 

That on the l7th, he gave to Antonio Romero 
a solar, bounded on one side by that of Manuel 
Amesquita, and on the other by that of Bernado 
Rosales ; that he also gave him four suertes, bound- 



^ 



28 HISTORY OF SAN JOSE 

ed by those of Jose Tiburcio Yasquez and Fran- 
cisco Avila. 

That on the same day, he gave a solar to Ber- 
nado Rdfeales, bounded by that of Antonio Ro- 
mero on one side, and on the other by that of 
Francisco Avila ; that he also gave him four suer- 
tes, bounded by those of l^ancisco Avila and Man- 
uel Gonzales. 

That on the 18th, he gave to Francisco Avila a 
solar, bounded on the one side by the solar of the 
Ayuntamiento, and on the other by that of Sebas- 
tian Alvitre ; also, four suertes, bounded by those 
of Jose Tiburcio Yasquez, Antonio Romero, and 
Bernado Resales. 

' That on the same day, he gave to Sebastian Al- 
vitre a solar, bounded on one side by that of Fran- 
cisco Avila, and on the other by that of Claudio 
Alvires ; also, four siiertes, bounded by those of 
Bernado Resales, Claudio Alvires, and Manuel 
Gonzales. 

And that on the same day, he gave to Claudio 
Alvires a solar, bounded by that of Sebastian ; also, 
four siiertes, bounded by those of Sebastian Alvitre 
and Bernado Resales. 

As he delivered the possession of the said re- 
spective lands, he gave to each poblador a brand- 
ing-iron to mark his cattle. He also gave a title 
to each one, in accordance with the Governor's 
instructions. Surrounding each so/ar was an alley, 



AND SURROUNDINGS. 29 

ten varas wide ; and aronnd each suerte, one of four 
varas. » 

He further reported that after having completed 
the dehvery of the possession above-mentioned, 
he, the said assisting witnesses and the said i^obla- 
deres, on the 19th of said month went together to 
the " side opposite this Pueblo," meaning the west 
side, and to the river Guadalupe; that he meas- 
ured from the crossing at the dam, running down 
the river as far as the boundary line or dividing- 
line between the said Pueblo and the Mission of 
Santa Clara; said measurement being 1,958 varas 
to said boundarj^; the half of which was assigned 
to said Pueblo iov projnos (lands which were Tented 
for the purpose of raising a revenue for the Pueblo), 
the other half being considered vacant, excepting 
the lands for suertes and solars; that the ejidos (va- 
cant suburbs expressly for future grants of solars 
as the Pueblo increased, and for no other purpose), 
had been assigned out of that part where the 
ground was high, "where the -Pueblo is situated," 
(meaning near the immediate neighborhood of the 
buildings), .the length of w^hich tract of ejidos is 
1,500 varas, and 700 wide. 

This report is somew4iat vague as to the exact 
boundaries of the ejidos ;^?i great fault indeed, inas- 
much as under the Spanish and Mexican -laws it 
was absolutely necessary to clearly define every 
class of pueblo lands and particularly the ejidos, 
as they were laid oif around the town expressly 



30 HISTORY OF SAN JOSl^ 

for building lots, and could not be granted for 
any other purpose. Prescription did not run 
against them. The neglect in official duty per- 
taining to San Jose, can only be accounted for 
from the fact that its growth was so slow during a 
period of seventy years, that any very exact de- 
scription of the respective classes of land within 
its limits, was of but little importance to the gov- 
ernment or the citizen. 

The grants made to the 'pohlcfdores had many con- 
ditions attached thereto. . Among them were the 
following: They were to be perpetually hereditar}^ 
to their sons and' descendants, or to their daugh- 
ters who married useful colonists that had re- 
ceived no grants for themselves, provided the 
whole of them complied with the obligations ex- 
pressed in the instructions; and in order that the 
sons of the possessors of these gifts m'ight observe 
the obedience and respect which they ow^ed to 
their parents, the latter were freely authorized, in 
case of having tw^o or more sons, to choose which 
of them they pleased, being a layman, to succeed 
to the house and suertes of the town. They 
could likewise dispose of them among their chil- 
dren, but not so as to divide a single suerte, 
because each and all of these were to remain in- 
divisible and inalienable forever. 

Neither could the colonists nor their heirs im- 
pose on the house or parcel of land granted to 
them, either tax, entail, reversion, mortgage or any 



AND SURROUNDINGS. 31 

other burden, altliougli it should be for pious pur- 
poses ; and should any ^ne do so in violation of 
this prohibition, he was to be immediately de- 
prived of his property, and his grant would, ipso 
facto, be given to another colonist who might be 
useful and obedient. [See Appendix No. 3.] 

The government archives contain a map exe- 
cuted by Moraga, bearing date April 23d, 1783, 
on which are drawn nineteen suerte lots, with the 
names of the ow^ners thereon. There is nothins: 
on record to explain why he did not give a com- 
plete map of all the lots he delivered possession- 
of, or wh}^ no monuments were fixed to designate 
their exact location. 

The reader has thus seen the account of the 
very first acts relative to the delivery of posses- 
sion of lands within the Pueblo of San Jose ; of 
the first titles ever given therefor, and of the 
assistance rendered- by the King to those subjects 
who sought, with limited means of their own, to 
provide theniselves and their families homes in a 
genial climate and on a rich and over-abundant 
producing soil, but then, in an almost unknown 
country. 

Those who first saw the curling smoke go up- 
ward from the new settlement, saw likewise im- 
provements slowly advancing. Their first houses 
were made of sticks or palisades and tule (coarse 
grass). A few patches of corn, wheat, and beans, 
and small herds of cattle, occupied the chief atten- 



32 HISTORY OF SAN JOSfi 

tion of the inhabitants, together with the making 
of adobes for the construction of their more per- 
manent and necessar}^ shelter.* 

The wants of those settlers were few. Their 
herds and gardens soon furnished enough for the 
inner man, and their simple garments were sup- 
plied at high prices from the little freighted barks 
that plowed the sea along the coast, from Mexico. 

But now, how changed ! What a contrast we 
now perceive, as we hold up the picture of the last 
century by that of to-day ! Under the auspices of 
another race, the land over which 'once roamed 
the wild herds, now blossoms as the rose — now 
glows with rich bloom and enameled vegetation ; 
orchards and vineyards bowing with the weight of 
rich clustered fruit; and here and there embroi- 
dered with beautiful flower-gardens, exhibiting 
vast tablets of mosaic works. The surrounding- 
air is filled with intoxicating perfumes, and the 
sweet melody of birds mingle with the continual 
hum of the busy honey-bee. We behold the city 
as a fair jewel, which i^ature and Art combined 
has designed as a rich setting in the beautiful 
valley. 

It appears that seven years after the establish- 
ment of the Pueblo, some of the settlers became 
a little greedy; not, however, unlike human na- 
ture of to-day. They were anxious to have al- 

* The adohe is a sun-di'ied block of clay, about eighteen inches 
long, fourteen wide, and three thick. 



AND SURROUNDINGS. 33 

loted to them large tracts of pasture land within tlie 
Pueblo limits. The Governor had been prevailed 
upon until he saw no great impropri^t}^ in comi)ly- 
ing with their seemingly moderate demands. But 
a higher officer, who viewed the premises from a 
greater distance, was not so easily impressed witii 
the justice of the solicited favors. He evidently 
saw an* over-anxious desire on the part of the 
solicitors to increase their possessions; to swell 
the number of their flocks, and to add to their 
coffers at the general expense of the community 
rights of the Pueblo. The Governor communi- 
cated the request of the petitioners to the Com- 
mandant-General, who referred the same to the 
Asesor (Attorney-General) And'in that commu- 
nication the Governor had not failed to suo-o-est 
that he was not inimical to the demands — in short, 
he favored them. The Asesor, on the 27th of Oc- 
tober, 1785, at Chihuahua, set forth his views on 
the subject, which were approved by the Com- 
mandant-General, and the same were transmitted 
to the Governor for his instruction. The Asesor 
called the attention of the Governor to the law 
laid down in the instructions which treat of the 
political government and population of California, 
as the same is inserted in Title 14 of the Regula- 
tions of this Peninsula, and which were 'approved 
by his Majesty, in the royal order of the 21th of 
October. 1781. He detailed to him the tenor of 
Article 8, wherein it is declared that the new 

3 



34 HISTORY OF SAN JOSfi 

settlers shall enjoy for the maintenance of their 
stock the common advantages of waters and pas- 
tures, and wood and timber of the commons, 
which, in compliance with the laws, are to be 
marked out for ever}^ Pueblo. And also that each 
individual shall enjoy the pastures of his own 
lands unmolested. Said Article 8th also declares 
that thereafter no settler shall possess c^^er fifty 
head of cattle of each kind, so that the usefulness 
resulting from the stock may be distributed among 
all, and the true wealth of the Pueblos not confined 
to a few residents. This was, indeed, a highly demo- 
cratic view to be taken of such affairs by a kingly 
government. The Attorney-General, continuing 
his opinion, states that the allotting of tracts of land 
(sitios) for cattle cannot and ought not to be made 
within the Pueblo limits. That Law 6, Title 5, Book 
4 of the Recopilacion provides that Pueblos shall 
embrace four leagues of land in a square or oblong- 
form, according to the nature of the ground; and 
that within those limits the ownership of the pas- 
ture, water, timber, and wood lands cannot be 
vested in private individuals. But that such tracts 
(sitios) could be granted outside the Pueblo limits, 
with the condition, among other things, that the 
grantee should employ herdsmen to keep his stock 
from doing damage to the settlers. 

Thus far, it is apparent that no law existed per- 
mitting a Pueblo to extend its limits beyond four 



AND SURRO.UNDINGS. 35 

square leagues, whatever might be its form. What- 
ever authority existed afterward to warrant the 
Pueblo of San Jose in claiming more than that 
quantity will be hereinafter shown. 



36 HISTORY OF SAN JOSfi 



■ CHAPTER IV. 

Viincouver's Opinion of Santa Clara Valley in 1792. — The Indians of 
this Vicinity. — Their Name, Language, Habits, Mode of Living, 
Mechanical Skill, Implements. 

I NOW propose to present the reader with a view 
of the beautiful valley of Sauta Clara, drawn at a 
period fifteen years subsequent to its first settle- 
ment. Also to treat of the Indians of this vicinity. 
The artist who favors us with the view is the re- 
nowned Captain George Vancouver. As is well 
known, he sailed in 1791 to make the voyage 
" round the world." He took his chance upon 
the deep and spread his sail with no little eager- 
ness to explore the novel secrets of the Western 
Hemisphere. In the Fall of the following year he 
visited this coast. It was the season of the year 
when heaven commences to lend its aid to .earth 
in weaving the mantle of fertility and beauty. 
While at San Francisco he found he had a few 
spare days, and he was determined to avail him- 
self of the opportunity of visiting the interior of 
this then wild country. 

Monday night, November 19th, 1792, the wind 
howled and the rain fell in rapid and heavy drops. 
The next morning was clear and calm. A balmy 



AND SURROUNDINGS. 37 

freshness pervaded everything — grass and bower 
sparkled Hke lightning gems. It was such a night, 
followed by such a day, as portrayed by the poet, 
when his all-inspiring genius breathed forth: 

" How calm, bow beautifully comes on 
Tbe stilly bour, wben storms are gone ; 9 

Wben warring winds bave died away, 
And clouds beneatb tbe glaring ray 
Melt oif, and leave tbe land and sea 
Sleeping in brigbt tramiuiUity." 

On that lovely morn A^ancouver, and his little 
band of followers, set out for Santa Clara. He 
watched with *itreme delight every part of* the 
route. ' America presented a new field to the mari- 
ner whose pathway had been on the illimitable wa- 
tery waste, and usually between ports long visited 
for commercial interest. I transcribe the following 
from his interesting sketch of that trip to this val- 
ley: " We considered our course parallel to the 
seacoast, between which and our path the ridgp of 
mountains extended to the southeastward; and as 
we advanced, their sides and summits exhibited a 
high degree of luxuriant fertility, interspersed 
with copses of various forms and magnitude, and 
verdant open spaces encircled with stately fruit 
trees of different descriptions. About noon we 
arrived at a very pleasant and enchanting lawri, 
situated amid a grove of trees at the foot of a 
small hill, by which flowed a very fine stream of 
excellent watcF. We had not proceeded far from 
this delightful spot when we entered a country I 



:'.H 



IIISTOKV OK SAN .lOSlt: 



lil.ric (!X])(!<;if!(l 1() CiikI in Mi(!S(! ro^noiiH. For ul- 
iiiosl, Iwciily miles il, coiil'l l)0 coinpiu-cd to :i piirk 
vvliicli Ii;mI <)ri,<j;iii;illy l"'('ii |)I;oi(.(mI vviili IIk; i-nic 
old l']ii<i,liHli o:ik ; Mi<' iiiKlci-vvood, lli:ii li:ul |)rol):i,- 
|)ly :i,tl:iiin'(| its (';irly <!,ro\vl li, lind I Ik- :i,i)|)(!ii,r;iii(;o 
ol" tiii.viiiji; IxM'ii (tl((:i,f<'(l iivviiy lUid li;i.d IcI'L llie 
NliiJcly loi-ds ()\' IIk! foi'iisl. ill coinplcl-e |)()MSf!SHion 
of I, he Moil, vvliicli vviis covd'cd willi liixiiriioit 
|ici-|):i«^(' luid Itciiiiliriilly di vcfsilicd willi plcasiii^jj 
('iniiiciiccM :ind v;ill(!yM, vvlTHdi, wilJi tlio lolly riiii<i,'o 
of ijioiiiiliiiiiH lliiii lioiiiidcd Uk; |)i-os|)('<'t, i-('((iiir('d 
only lo he iidoiMKMl willi ii<!:i,l, Iiiihiliilioiis oC :iii 
iiidiisliioiis |)(M)|)lc lo |)i-odii(t(! :i, sccik! iioI, iDfcrior 
to ihc most sliidicil i'\]\H'i ol" l;i,sl(j in I.Ik' disposiil 
of ^rounds." 

Ill Mjx'iikiii^' ol" ^^:uil;i ( -htiii Mission lie oI»s(!rvcd : 
"It, is siliiii,t(Ml ill !i,ii cxlciisivc rcrlilc phiiii, the 
soil ol' vvliifli, ;is :ilso Mini of IIk' siii'r(»iiiidini!; coiiii- 
iry, is :i, ri<di Mnck |»rodiicli\(' mold, superior to 
jiny I jmd licfoic seen jii Aincric;!,." ii(^ remarked 
JiiiiX llicy liere ciillival^MJ vvlu'id, iiiai'/e, peas and 
l)eaiis; llial Hk'V idowcd" willi inferior plows, 
{.nriied Hie ,soil once over, llieii siiioollicd the same 
down willi a. harrow; and in the iiionlhs of No- 
vemher and Deccmher ihey sowed whea,t in drills 
or l)rt)adeasl on Hie <'\(Mi suriac(! and scra.tdicd it; 
ill willi llie harrow. Oals and hailey lliey did not 
cull i\ ale. 

The Spaniards inrormed the disliii«;'uislied voy- 
aL;;er lliai they round Hie lndia,iis in a, stale of in- 



AND SURIlOrNDrNGS. iV.) 

activity an f1 i^iiDnincc The ramoiiM sailor did not 
tail to oltsci'vc tli(i niitiv'cs ;i,ii(l to in(|iiii-(' iiTlcr 
lli'ir |)('ciili;ir liii,l)ils. lie tdls us lliat tlicji- iini- 
Vci'smI iciiKMly lor (lisoa.so was llic hot I);i,lli, 
(;all(!(I by tliciu 'Ihiieacal. Indeed tliey, wild and 
unc.ultivatod as tliey were, were scarcely less 
strango in their |»liarniiic(!nticjil notions tlinn some 
of the [)reseiit d;i,y oC vvhilcr skin and of iiiorc cul- 
tivated ininds, whose; faith is unshaken in the be- 
lief that a cold water hatli is a j-eliahh; (-it hoi icon 
or panacea. 

IMie lehicscal was a nniil or adohc oven, with 
;iii ;i|)erlin-e :il the top to let. out the sinok(i, ;ind a 
hirger one at tin; side, in which they enlereij. 
Several pei'sons usually (intc^riMl this oven :it, tin; 
same time quit(; naked, and mjide iij) a lire close 
to the entrance on tin; inside. They added wood 
to the Ikinies as lon<^' as they could hear tin; heat, 
which made them perspire i)roruscly. They would 
wring their hair, and scrape their skin with a sharj) 
piece of wood oi- hone, or in^ hoop ; then plunge 
suddenly into a body of cold water. They always 
built theii' temescal^ near a body of , water. ^J'his 
custom long continued with the Indians, and is, in 
fact, in vogue to this day in some places. I have 
Iciirned that within the last forty yc^ars th(!y l)uilt 
V(!ry lai'g(! temescals — some oi" th(;m n'leasuring 
fifty feet in di:iin(.'tcr iit tin; base. 

(Japtiiin Vancouver, speaking further of their 
customs, says that the Indians came on board hi.s 



40 HISTORY OF SAN JOSlS 

ship in a canoe of the country, which he describes 
as being about ten feet long, three or four feet 
wide, and made of rushes and dried grass of a long 
broad leaf. The materials were made into rolls 
of the length of the canoe, and in thickness about 
two feet, and tapering to a point at each end; and 
two or three of these bundles were lashed firmly 
together. They were conducted with a long 
double-bladed paddle, like those used by the Es- 
quimaux. They were so different from the crafts 
made by the more skillful Indians on the north- 
eastern coast, that they do not deserve the name 
of canoe or boat, but rather that of raft. We know 
the etymology of the word canoe is of a doubtful 
character, but we are accustomed to apply it to a 
small vessel made of bark, or one neatly cut out 
of a log, which sits lightly on the water, and is 
swift in speed. 

What a contrast between the rude rafts of these 
Indians and the elegant birch bark canoes of the 
Chippeways, that ^'e so beautifully modeled, 
water-tight, and glide with so much grace and 
swiftness ! 

The tribe of Indians which roamed over this 
great valley, from San Francisco to near San Juan 
Bautista Mission, (known a century ago as the val- 
ley of San Bernardino,) were the Olhones or (Cos- 
tanes.) Their language slightly resembled that 
spoken by the Mutsuns, at the Mission of San Juan 
Bautista, although it was by no means the same. 



AND SURROUNDINGS. 41 

Much study and attention was given to tlie lan- 
guage of the hitter tribe, and a grammar thereof, 
compiled by the Rev, Father Felipe Arroya de la 
Cuesta, and published in 1816. A late edition of 
the work was published in New York in 1861.* 

It is believed that no grammar was ever com- 
piled in the language of the Indians of California 
north of the Mission of San Juan Bautista; yet, 
the more northern languages were studied and 
understood by the missionaries. The Mutsun lan- 
guage lacked b, d, k, f, r, strong v, and y, z, x; a 
great part of which letters were used in the sounds 
of the Olhones language. 

I give as follows, a specimen of a part of the 
language of the Olhones, in the form of the Lord's 
Prayer: 

"Appa macrene m^ saura saraahtiga elecpiihmen imragrat, sacan 
macrene mensai^ah assueiy nouman ourun inacari pireca miiua ban 
sai'aathtiga poluma macrene souhaii naltis anat macreue neeua, ia 
annanit macrene macrecequetr maccari nonmabau macre annan, non 
marote jassemper macrene in eckoue tamonniri innan tattaline, ica- 
trarca oniet macrene equets naccaritkoun och a Jesus." 

Beechey, in his visit to tliis coast in November, 
1826, observes of the Indians: ''The Olchones 
worship the sun, and believe in the existence of 
a beneficent and an evil spirit, wliom they occa- 
sionally attempt to propitiate. Their ideas of a 
future state are very confined. When a person 
dies they adorn the corpse with feathers, fiowers 

* Father Cuesta was a Catalan. He came to California in 1810, 
and was a missionary at the Mission of Sau Juan Bautista. He died 
at the' Mission of San Inez, in 1842. 



42 HISTORY OF SAN JOSE 

and beads, and place with it a bow and arrows ; 
they then extend it upon a pile of wood and burn 
it, amid the shouts of the spectators, who wish 
the soul a pleasant journey in the direction of the 
setting sun." He also remarks that they had some 
tradition in regard to their former tribes coming 
from the nortli. But I am of opinion, from all 
that I have been able to gather, that their tradi- 
tions of any kind were very meager. He spells 
the name of the tribe incorrectly — with the letter 
UQ ;':}: They, as well as the other tribes, used 
the temescal ; while in them would dance exces- 
sively and shout until they became hoarse. They 
showed but little ingenuity, except in the making 
of the bow and arrow, and basket-work. Their 
bows and arrows were of no mean character, and 
they used them with dexterity and great effect. 
They made baskets of various sizes, softie of whicli ' 
would hold two or three bushels, and were conical 
in form. The material was a stout grass, and the 
baskets were water-proof. They were colored on 
the exterior darkly, usually black. They used 
them for cooking purposes, and as dishes to hold 
all their various food. Some were wide and flat, 
for special purposes. They made bread and broth 
out of acorns and seeds. They cooked their broth 
*in their baskets, by placing hot stones in them 
when half lilled with the prepared liquid. They 
made their rafts as they did in former times, as 

*Beecliey's Voyage to the Pacific, vol. 2, p. 78. 



AND SURROUNDINGS. 43 

described by Vancouver, and sometimes would 
load them with half a dozen persons, but would 
seldom attempt to cross the buy with more than 
two or three on them. They were fond of fish, 
and caught them in great abundance with nets, 
made of a strong grass, hemp-like, called by them 
cisca. It grew in the region of Martinez and some 
other locations, but not in this valley. The men 
usually went naked, but in more recent times they 
wore a breech-cloth. The women wore a petti- 
coat, made of rabbit-skins. They could not have 
lacked for food, though their variety did not equal 
that of a Parisian restaurant. They feasted on 
deer, antelope, hare, rabbit, salmon, and other 
fish, together with their acorns and seeds, which 
they made, it is said, into a rather palatable dish. 
The first Indians brought to the Mission of Santa 
Clara wei:e those from the valley. After the esr 
tablishment of the Mission of San Jose, Indians 
were gathered from the San Joaquin, Suisun and 
Napa valleys, . and subsequently some . of those 
tribes were brought to the Santa Clara Mission. 
Those first converted to Christianity were, after the 
ingress of other tribes, called Christianos Viejos 
(old Christians). Throughout the valley, the difier- 
ent groups of Indians were usually distinguished by 
the names of the locations, respectively, of the 
Rancherias (Indian villages) where they principally 
lived. Among the several tribes which were under 
the guidance of San Jose Mission, many dialects 



44 HISTORY OF SAN JOSfi 

were spoken. It was once said by one of tlie priests 
there, that the number was not less than twenty- 
three. De Mofras observes that he found forty 
different Indians speaking each a different lan- 
guage at 'San Jose Mission. He further remarks, 
that within all the Missions of California one hun- 
dred different idioms were spoken. Nearly all of 
the Indians in this region, and those of Santa 
Cruz, were in the habit of visiting the hill in 
which the New Almaden Mine was first opened 
and worked, to obtain red paint to adorn their 
faces and bodies. The cinnabar is of a reddish 
hue, and, when moistened and rubbed, easily pro- 
duces a red pigment, highly esteemed by the sav- 
ages in the arrangement of their toilet. While 
the color of their decoration was pleasing to their 
eyes, its effect on their system was by no means 
agreeable. It salivated them — a result as myste- 
rious and inexplicable to them as the setting of the 
sun. Although a little painful, they seemingly for- 
got their illness as they witnessed the lustre of their 
skin, and were as resolute in their pride of dress 
as the proud damsel groaning in tight corsets and 
tight shoes. 

I have examined in vain the great work of "The 
Uncivilized Races of Men in All Countries of the 
World," by the British writer, the Rev. J. Gr. 
Woo#, to find something pertaining to the Indians 
of California. He speaks of the Indians of the 
northeast and middle portions^of the United States, 



.AND SURROUNLIDGS. 45 

of the Aztecs of Mexico, of the Camanches, but 
circles around the brave Apaches and all of the 
California tribes, and with a bound he leaps from 
the tribe bf the Mandans to the land of the Esqui- 
maux, thence to Vancouver's Island, Alaska, Sibe- 
ria, India, China, Japan, and Siam. Perhaps the 
kind-hearted and learned divine is of opinion that 
the tribes of California do not belong to the "un- 
civilized races of men." If so, I, in the name of 
our natives, thank him for the compliment. 

• 



46 HISTORY OF SAN JOSfi 



CHAPTER V. 

1778-1840. 

Ancient Site of Pueblo. — Kemoval to the Present Site. — Different 
Classes of Lands in a Pneblo. — Propios, Ejidos, Dehesas, Bienes 
Concejiles. — Temporary Occiipancy of Pueblo Lands. — Gov- 
ernor's Statement that Ejidos were not measured off. 

The ancient town {Pud^ Antiguo) or former site 
of San Jose, was about a mile and a quarter north 
of the centre of the present city. That is, the 
buildings of the Pueblo weire there. But the 
limits of the Pueblo originally embraced the pres- 
ent city, and extended far beyond. The first 
houses were erected near the little stream crossed 
by the first bridge on the road leading from the 
city to Alviso. 

The winter of 1778-9 was an exceedingly wet 
one. The water stood nearly three feet deep in 
the houses pf Santa Clara Mission, which stood a 
little east of the present ones. The new Pueblo 
was alike affected, as its location was on rather 
low ground. By 1785, the inhabitants had ex- 
perienced the difficulties attendant on low marsh}'- 
grounds to such a degree, that the question of 
bcino- relieved therefrom became with them a 
serious one. They could not, at times, travel 
even to the Mission of Santa Clara without taking 



AND SURROUNDINGS. 47 

a circuitous route of three leagues or more. They 
were often mired down in the attempt — not 
unfrequently leaving their horses to work out 
their own salvation from a watery death-ljed. 
The Indians, who doubtless understood the 
character of the grounds better than the settlers, 
seized upon such occasions to commit depredations 
which in dry seasons were more difficult to be ex- 
ecuted. To remedy the evil the colonists found 
it requisite to adopt some formal proceedings rela- 
tive thereto. They t||erefore drew up a petition 
to the G-overnor, setting forth the facts pertaining 
to their situation, and soliciting permission to re- 
move the "^Pueblo farther south a short distance to 
higher grounds. The Governor, not being vested 
with adequate power to make so important an 
order, detailed in full the subject-matter to the 
Comandante-General of the Intendencia, at Arispe, 
Sonora, by letter, on the '5th of August, 1785. 
The transportation of the mails in those days was 
attended with great delay and uncertainty. I 
cannot state with any degree of definiteness how 
much time was occupied in placing before that 
Comandante the foregoing communication. So far 
as the archives bear testimony, no definite action 
was taken in the matter by that distinguished 
officer until nearly two years thereafter. Finally, 
on the 21st of June, 1787, after having fully ad- 
vised with the law officer of the crown (Asesor), 
he issued a decree which was transmitted to Gov- 



48 HISTORY OF SAN JOSfi 

ernor Fages, authorizing the settlers to remove to 
the " adjacent loma (little hill) selected by them 
as more useful and advantageous, without changhig 
or altering, for this reason, the limits and bound- 
aries of the territory or district assigned to said 
settlement and to the neighboring Mission of Santa 
Clara, as there is no just cause why the latter 
should attempt to appropriate to herself that land." 
Notwithstanding this decree, the removal of the 
Pueblo did not take place very soon thereafter. 
As late as 1797, we still p^ixeive the question of 
removal under discussion. Governor Borica re- 
quested Don Gabriel Moraga to inform him what 
means could be advised to avoid the dangers 
arising from high waters. Moraga replied by 
letter on the 8th of January of said year, saying 
the only means were : "To move and bilild houses 
oif the other side of the river, where there is a 
sitio aproposito (an appropriate site), about two 
gunshots distant, in front of which are oaks, in 
the same plain that extends to the Mission. This 
paraje^ place or site, is the property of the Pueblo 
and within its* territory, and without any contro- 
versy in relation to its boundaries. This place 
possesses great advantages and security against 
the rising of the water, and the principal one ie 
the facility of travehng to the Mission; although 
the water may be high the passing will not be in- 
convenient, and there will be no detention from 
mass or confession (which at present the people 



AND SURROUNDINGS. 49 

are deprived of), and the traveling will not be 
disagreeable; but in weatlier like the present there 
is no alternative (although a sudden deatli or acci- 
dent should occur), except to carry on one's 
shoulders the sick person ; and this, with a thou- 
sand difficulties they would meet, would not be an 
easy task, nor one to which the reverend fathers 
should be exposed. These are the reasons, sir, 
which tlie inhabitants, except four individuals, 
have made known to me. Indeed, Ygnacio Yallejo 
is of the same opinion." Moraga further states 
the reasons for removal as laid before him by 
Ygnacio Yallejo to be as follows: " At the time I 
obtained command as Commissioner of the Pueblo, 
the water raised so high that a little more would 
have carried off our houses. Some of them were 
much injured, and we were deprived of going to 
mass and confession, not being able to pass to fne 
Mission without going round circuitously a dis- 
tance of three leagues, to avoid the bad places 
which were so numerous in such weather. And 
in the bad places many were left afoot without 
being able to use their horses; nor could they 
look after their cavallado (band of horses grazing), 
nor use them to notify each other in case of any 
trouble or accident. Already in the Pueblo and 
in the adjoining Mission, on such occasions, the 
wild unchristianized Indians have committed dep- 
redations. Finally, for sowing wheat, corn and 
other grains, the carrying of the mails, and the 

4 



50 HISTORY OF SAN JOSfi 

passage of pack-trains, it offers great advantage, 
as well as for timber and wood; everything is 
nearer and more convenient, and I fully approve 
of the views of the citizens." 

According to the best evidence I have discov- 
ered, the removal of the Pneblo took place in 
1797. What occasioned the long delay is conjec- 
tural. It may have been that several winters 
passed after the first agitation of the question 
without producing heavy falls of rain; and yet 
they must have been annoyed, more or less, every 
year. I have not been fortunate enough to find 
in the archives any documents that record the 
particulars of the removal, nor any that show 
whether or not there were new or other solar 
and suerte lots given, and titles therefor, in ac- 
cordance with the ceremony performeTl by the 
CmJimissioner in 1783. 

I have already alluded to the fact, in Chapter 
III, of the apparently inexcusable neglect on the 
part of the officials in the proper division of the 
Pueblo lands, and that the failure so to do has 
been felt up to the present time. I partially ex- 
plained the character of lands termed ejidos therein. 
As the subject of these different classes of land is, 
and has been, of no ordinary moment to the resi- 
dents of San Jose and all those holding lands here, 
I deem it of very considerable interest to the 
reader to peruse the law apj)ertaining to that 
classification, which I give as follows: 



AND SURROUNDINGS. 51 

Sueries were the cultivable lots of land granted 
to j^ohladores or colonists. The regulations made 
by Governor Neve for California in 1779, and ap- 
proved by the King, declared the suerte to be two 
hundred varas long and two hundred wide. The 
Spanish vara is about thirty-three and one third 
inches long. 

The Propios were such lands, houses or other 
property as were rented, and the proceeds there- 
from went into the municipal fund to assist in de- 
fraying the expenditures. Governor Gutierez, 
January 25th, 1836, tl^us defined them: ''The 
terrenos de propios are lands assigned to the Ayunta- 
miento (Town Council), so that by leaving them to 
the best bidders for a term not exceedino; five 
years, they may defray their expenses by the pro- 
ceeds, and the Ayuntamiento may propose the 
amount of rent, mentioning it in the petition 
which is presented." 

The Ejidos were the vacant suburbs. It is con- 
sidered that the EngHsh word "commons" best 
illustrates its signification, as the words "common 
lands " leads one into an error concerning them. 
Governor Gutierez, in 1836, describing thcni, said": 
" By ejidos are understood lands that are imme- 
diate to, and in the circumference of, the Pueblo, 
which serve both for the relief and the conve- 
nience of the inhabitants, who may keep therein a 
few milch cows and horses for their use,, to form 
walks and alleys which may adorn the entrance of 



52 HISTORY OF SAN JOSfi. 

the place so that the ejidos may have a quarter or 
half a league around the town, which is sufficient 
for its ventilation, and the A}anitamiento may 
dispose of these lands for building-lots (solares). 
Escriche's " Dictionary of Legislation " gives the 
following: ^'^idos is the field or land which is 
at the exit of the town, and can neither be planted 
nor cultivated, and is common to all the citizens. 
It comes from the Latin word exitus, which signi- 
fies the exit or suburbs. The ejidos of each Pueblo 
are designated for the common use of its inhabit- 
ants ; consequently no one can appropriate them, 
nor acquire them by prescription, nor build on 
them, nor devise them." The Spaniards, in de- 
claring the law of the ejidos, followed in the foot- 
steps of an ancient people, for the law of the He- 
brews did not permit such lands to be sold: "But 
the field of the suburbs of their cities may not be 
sold, for it is their perpetual possession." — Leviti' 
cus: XXV, 34. The word ejidos has often been in- 
correctly used and as though it embraced pasture 
lands. That is, as though it denoted all the com- 
mon land. 

The Dehesas were the great pasture grounds, 
where the large herds of the Pueblos roamed and 
grazed. This word- has been confounded with 
that of ejidos, which is not its equivalent, as I 
have shown. 

The term Bienes Concejiks, is s3aionymous with 
the English words " Town Property." The sig- 



AND SURROUNDINGS. 53 

nification is given in Partida 3, title 28, law 9, as 
follows : '' That which in respect of ownership be- 
longs to the public or council of a city, village or 
town, and in respect of its use belongs to every 
one of its inhabitants, such as fountains, woods, 
the pastures, etc." 

The subject of the division of the Pueblo lands 
into the respective classes, by distinct boundaries 
and monuments, and the fact of the removal of 
the Pueblo in 1797, from the old to the new loca- 
tion, present some valuable suggestions for con- 
sideration. It will be remembered that I have 
given in Chapter HI, an account of the first grants 
made in the Pueblo ; that the delivery of the titles 
and possession thereto took place in 1783, and 
before the removal. In the old Pueblo, the 
streets and house-lots were laid out, as we per- 
ceive by the first grant made of a house-lot, which 
was adjoining that of the Ayuntamiento, or Town 
Council. And yet, I have known of witnesses 
now living who testified that the grants of solares 
made in 1783 were near the* plaza, or centre of 
the present city. All of the house-lots were 
given in close proximity to each other, as the law 
required, leaving an alle}'' of ten varas between 
each one. If the first one given was near the 
house of the Ayuntamiento, a mile and a quarter 
north of the center of the present city, or from 
the plaza, how is it possible now to locate the 
grants of 1783 near the Catholic church, or the 



64 HISTORY OF SAN JOSfi 

plaza ? That the old Pueblo was some distance 
north of the. centre of the plaza of the present 
Pueblo, there is no doubt; that it was removed 
there is no quedstion. The archives are full of the 
expression "Pueblo Yiejo " (Old Pueblo). Nor 
can it be doubted that the removal was subse- 
quent to 1783, because the archives testify that 
no permission to remove it was asked for until 
1785. 

The removal was made by order of the Coman- 
dante-Greiieral of the lutendencia — four Provinces 
of the West, second only in power to the Yiceroy. 
His authority cannot be disputed. If the suerte 
lots granted in 1783 extended to the centre of the 
present city, the removal of the Pueblo to its pres- 
ent site would have annulled them. Suertes could 
not exist within the ejidos designated for house- 
lots. There could not have been much of a town 
without houses. PTnder the regulations for Cali- 
fornia of 1779, it was the duty of the Govern- 
ment to mark the house-lots, streets, and 4he 
other classes of Pueblo lands. It cannot be ar- 
gued with any plausibility that the Government 
had no right to take the suertes from public use 
after havi*ng once given them to individuals. The 
Government would have such j)ower under the 
doctrine of the right of eminent domain. The above- 
mentioned regulations contain the following: '' The 
house-lots to be granted to the new jMNadores (set- 
tlers) are to be designated by Government in the 



AND SUEROUNDINGS. 56 

situations, and of the extent corresponding to the 
locality in which the new Pueblos are to be estab- 
lished, so that the square and streets be formed 
agreeably to the provisions of the laws of the king- 
dom; and conformable to the same, competent 
common lands shall be designated for the Pueblo, 
and pasture grounds with the sowing lands that 
may be necessary for municipal purposes." 

When the Pueblo was removed, did the officers 
do their duty or not? If they did, could there 
have been any suertes very near the plaza? Evi- 
dence has been given in our several Courts that 
various s;uertes were located within thirty or forty 
rods of the plaza, and even within a less distance. 
At^ntion has been called to the fact that the Ro- 
mano premises near Market and Julian streets, 
and some other premises, were long possessed by 
the occupants, as is evidenced by the old fruit 
trees. It was not the intention nor the custom 
to build houses on fhe suertes.' House-lots were 
gi^en expressly for residences, and, in fact, it was 
against the will of the Government that the settlers 
should build on the suertes. I have above cited 
the law, which declares that the house-lots to be 
granted are to be designated by Government. Fur- 
ther, the records or archives show no other suerte 
grants except those to the first settlers. There 
might have been others; but there was a condi- 
tion attached to each, which was to be signed by 
the grantee, and if he refused to sign he could not 
obtain the grant. The main evidence given in the 



56 HISTORY OF SxVN JOSfi 

suerte claims has been in relation to their posses- 
sion. Under the Spanish and j\Jexican law that 
did not seem to avail the occupants, as the law 
expressly declares that the ejidos cannot be held 
or gained by prescription. I am of opinion that a 
great many lots were occupied for cultivation tem- 
porarily, and without any title whatever. Salvio 
Pacheco so testified in the case of The United States 
vs. llie Mayor and Common Council of the City of 
San Jose (U. S. District Court). 

Althoudi the ejidqs were not designated by last- 
ing monuments, yet we can hardly believe they 
were not originally marked out. The marks were 
lono; ac;o doubtless effaced. We cannot think that 
the Government officers were so derelict in duty 
as not to have designated some land for building 
lots, to meet the increasing demands of the inhab- 
itants as the town advanced in growth. I find that 
the Governor's message addressed to the Depart- 
mental Assembly in session* at Monterey, Febru- 
ary IGth, 1840, shows the fact that no town, ex- 
cept Monterey, had its ejidos and propios marked 
out; and in speaking of the matter, his Excellency 
observed: "For which reason the Government, on 
making concessions of land in the vicinity thereof, 
granted the same temporai'ily, waiting for such 
regulation." 

I have not intended herein to express any legal 
opinion on siierte claims; such would be foreign to 
my purpose; but the suggestions 1 have advanced 
I deem not a departure from my true course. 



AND SURROUNDINGS. 57 



g II A P T E R VI. 

iror-iBoi. 

DiHiiutc as to the IJoniulary Lino botwoouihe I'ncblo of San Johc' aiul 
Mission of Santa Clara. — Letters in Relation thoroto from Gover- 
nors, Missionarir'H, Military Odiccrs, and the. Viceroy.— Gua<.laliii)0 
llivor Declared to be the lioundiiry. — Juzgado. 

Notwithstanding tlic extensive tracts of uncul- 
tivated land, llieir comparatively J it tie value per 
acre, and the readiness of Government to donate 
its domain to the settler, tliere was exhibited a 
tenacity of feeliuf^ in tlie desire for territorial [)os- 
sessions akin to that lofty pride of owning ''cattle 
upon a thousand hills." The seltloj-s within the 
limits of the Pueblo and the Fathers of the Mis- 
sion of Santa Clarjf did not live in tliat harmony 
in regard to the boundaries of tlieir respective do- 
mains as was conducive to an entirely peaceful 
life, or to the truest advancement of theii- nnitnal 
interests. A long and continuous dispute relative 
thereto existed through a decade of years. The 
Fathers were, indeed^ jealous of their rights, and 
many were their complaints; not tliat they were 
individually concerned, but in view of the fact 
that the number of Indians under* their charge 
was large, and that their wants were correspond- 
ingly as great. In consideration of these facts, 
they were of opinion that their borders needed an 



58 HISTORY OF SAN JOSfi 

» 

extension rather than a diminution. Their peti- 
tions did not contain, in their judgment, solicita- 
tions for additional expanse, but the moderate 
demands to be left in the quiet possession of their 
jorior rightfully-possessed estate. As the Mission 
settlement had precedence in point of time to that 
of the Pueblo, the good Fathers were not im- 
pressed with the idea that they ought passively 
to witness encroachments within their precincts. 
Their importunities were really in the name of 
the poor Indians, whose rights were at hazard 
rather than their own. Whether their complaints 
were justly founded is not for the historian to 
weigh in the balance, but to narrate the facts. 

Friar Francisco Miguel Sanchez, Minister of the 
Mission of Santa Clara, addressed the Governor of 
the Province, Don Diego de Borico, by letter dated 
April 30th, 1797, upon the cfliestion of the dis- 
puted boundary, wherein he relates that on the 
12th of December, of the last year, the arrival of 
the engineer was expected,' who would come with 
a view of examining the boundary line between 
that Mission and the Pueblo of San Jose; and 
supposing that the engineer was in San Francisco, 
the Friar asked the Governor to order him forth- 
with to proceed to make such examination. He 
solicited him to deliver to the engineer the plan 
and copy of the boundaries which had been for- 
warded to his Excellency by some citizens of the 
Pueblo. The Friar suggested to the Governor that 



AND SURROUNDINGS. 59 

the said plan and description would sliow that he 
had been erroneously informed upon the matter; 
that after a fair examinafion and explanation of 
the landmarks, all parties might be satisfied, and 
that the whole proceedings being reduced to 
writing would, in all probability, avoid thereafter 
lawsuits and dissensions. On the 11th of May 
following, the Governor issued an order directing 
the foregoing communication tobe transmitted to 
Don Alberto de Cordova, Engineer Extraordinary, 
in order that he might, upon his return from the 
Presidio of San Francisco, determine the said dis- 
puted boundary. The Engineer was directed to 
hear the statements of the Reverend Father of the 
Mission, as well as those of the Alcalde, Regidores 
(Councilmen), and residents of the Pueblo. But, 
says the Governor', "always keeping in view as a 
guide in the measurement and boundary, the last 
acts of the late Lieut. Don Jose Moraga, in which 
it appears were designated the lands which were 
assigned to said Pueblo for house-lots, for cultiva- 
tion and for ^j>ropios; it being remembered that 
the measurements are to be understood from the 
ancient Puebl5 whence they were made, and not 
from the land which is now occupied, as it was 
thus determined by superior authority. This 
operation being executed, the landmarks will be 
designated, which must be immediately placed by 
the residents of the Pueblo. After which the 
necessary proceediugs (meaning writings) corres- 



60 HISTORY OF SAN JOSfi 

ponding thereto will be had. The Reverend 
Fathers will sign the same on behalf of the Indians, 
and the Alcalde and Regidores will also sign on 
the part of the Pueblo," 

It would seem that such an order might have 
been executed within a short period of time,' and 
thus ended the contention. The sequel will^prove 
otherwise. 

Pursuant to the order of the Governor, Don 
Alberto proceeded to establish the foregoing 
boundary line, but was not entirely successful ; 
that is, to the satisfaction of the Reverend Fath- 
ers. On the 7th of the following August, he 
reported to the Governor what he had done in 
the premises. He set forth that from the acts 
of Don Jose Moraga he had learned but little; 
that Moraga had measured the line 1,958 varas 
from the old presa (dam) of the river up to the 
mojonera (landmark); that he, Alberto, Went 
with the citizens, the Commissioner and the Rev- 
erend Fathers Sanchez and Viader, to the place at 
which they said the old dam was situated, which 
was in front of the old Pueblo; that he measured 
the distance as far as the landnftirk, and com- 
pared it with that made by Moraga; that* the only 
landmark he found was one in the potrero of the 
Mission (a place where the horses and other tame 
stock were placed, and is on the Stockton rancho). 
Don Alberto, finding no other marks, inquired of 
the citizens present what was the course of the 



AND SURROUNDINGS. 61 

• 

line formerly run by Moraga, and how it was 
designated. They replied that Moraga pointed 
with his hand in the directions which the line 
ought to run, and that tliey were the same as 
those designated on the plan which they had with 
them, it being the same one which had been sent 
to the Governor. The citizens th^n present were 
Manuel Gonzales, Tiburcio Yasquez, Ygnacio 
Archuleta and Manuel Amesquita — and who were 
among the founders of the Pueblo. This exami- 
nation took place on the 29th of July, at w^iich 
time the foregoing persons were all separately 
questioned as to their understanding of .the mat- 
ter. Being asked if the landmark which was 
placed at the time the line was run by Moraga, 
was the same as the one which now exists, they 
answered yes. And being further asked if the 
directions of the lines were the same as those laid 
down on the accompanying map or plan; that is, 
the one north, five degrees northeast, and the 
other south, southwest, they answered yes. Don 
Alberto further reported that the Reverend Fath- 
ers' views conflicted with those of the settlers of 
the Pueblo, and that they had made. a report of 
the proceedings to the Governor, which he, Al- 
berto, transmitted with his own, together with the 
plan made by Moraga and the depositions of the 
witnesses. Finally, Don 'Alberto closes his report 
by observing that it was impossible for him to 
make any better explanation of the matter than 



62 . HISTORY OF SAN JOSfi 

he had, for the reason he had no data to govern 
him in relation to the directions of the lines, save 
the conflicting declarations of the respective par- 
ties. Fathers Magin, Catala and Yiader, made a 
very lengthy report, bearing date August 6th, 
which commences in rather a novel manner by the 
exclamation of ^^ Viva Jesus!'''' In the ordinary 
way of translating that j)hrase it 'would be Angli- 
cised by the expression "Hurrah for ePesus !" or, 
"Long Live Jesus !" In either mode of transla- 
tion it would appear to one whose vernacular is 
English, as very peculiar, to say the least, and 
bearing on profanity. But coming from the 
Fathers we, of course, could attribute no such 
signification to the term; but, on the contrary, 
one of an Opposite import. In fact, they intend 
to say that they speak in the name of Christianity, 
as they call on our Saviour to witness their 
declaration. 

The Fathers refer to the fact of the Engineer 
having gone to the premises by order of his Ex- 
cellency, to surve}^ the boundary. They then 
proceed: "We assist in .this operation and pro- 
ceeding not as those having any authority to 
grant, or den}^, or impede the possession of lands; 
but only as ministers who are charged with the 
education of the Indians, and consequently with 
the task of collecting the'm from idleness and con- 
gregating them in rational and Christian societies, 
as has been -done, procuring at the same time 



AND SURROUNDINGS. ' 63 

their best mode of subsistence. In consideration 
of tliis, and with this end alone, tlie King, our 
sovereign, has dechired it to be his will that all 
the land that may be deemed necessary shall be 
appropriated to the natives; the right of no one 
being favored or allowed to prevail against this 
sovereign will." They inform the Governor tliat 
the Mission possesses one thousand four hundred 
and thirty-four Christians — more, doubtless, than 
many good citizens are willing to credit that 
Santa Clara now has. Continuing their report, 
the Fathers say: "If we add to them four thou- 
sand more Gentiles, wliich the surrounding RancJie- 
rias (Indian villages) contain, 'who will deny that 
all these lands will be necessary for their subsist- 
ence w4ien it becomes requisite to distribute to 
each one his snerte as they emerge from their sav- 
age life, and will have to maintain themselves by 
the product of their labor?" 

The Fathers declare that these are sufficient 
reasons why the neighboring Pueblo should not 
encroach on the rights of the Mission, which is 
dgainst the rights of the poor Indians; and, also, 
that it is contrary to Law 9, Book 6, Title 3, which 
provides that the Indians shall not be deprive*! of 
their lands, the possession of which' they have be- 
fore held. They further represent to his Excel- 
lency, with all due respe(5ts to his orders, in which 
he requires everything to be done with the knowl- 
edge of the Reverend Fathers, that they deem it 



64 HISTORY OF SAN J0S:6 

important to make a full statement of all the facts, 
which they did. 

They relate therein the facts of the Reverend 
Fathers, founders of the Mission, having estab- 
lished a corral, (pen for stock) and rodeos (grounds 
on which stock are gathered to be caught) on the 
other side of the river, and that the flocks of the 
Pueblo of San Jose, on account of their proximity 
destroyed the pastures; that Father Friar Tomas 
de la Pena applied to Lieut. Moraga, who, in con- 
sideration of the equity of the case, gave strict 
orders to the settlers of the Pueblo, to withdraw 
their flocks; at the same tllne reprimanding them 
for passing beyond the ^osa (well of water). The 
Fathers then exclaim, ''Who would not be irritated 
to see that they not only have gone beyond the 
posa, but pretend to claim as far as the corral ?" 

In continuation, the Fathers observe that when 
the landmarks were established, it was ordered 
by said Moraga, that the settlers should not pass, 
nor cut, a certain tree, which was stripped of its 
branches, and which now remains. That in proof 
of this, it will be sufficient to cite the case of 
Higuerra, who came to the Fathers, and asked per- 
mi^ion i(^ sow for one year; which right they 
granted, and which he accepted. But now, they 
remark, the citizens not only disdain to ask per- 
mission, but claim as their own that which the 
Indians have already sown. That they claim the 
lands as far as the Potrero, which is a false claim; 



AND SURROUNDINGS. 65 

and settlers were present when tlie Fathers first 
built their corrals on that place, and then did not 
claim it; and that now, after the Mission has had 
possession of it for twelve years, they set up their 
demands. That when Moraga ^signed the sow- 
ing lands to the Pueblo, the settlers consulted him 
in relation to the extension of the same; and he 
replied to them that they would not be permitted 
to pass beyond the other side of the tree stripped 
of its branches; but, notwithstanding this, one 
Tapia persisted in sowing on the other side of the 
posa; and that Father Tomas instituted legal pro- 
ceedings, -and obtained judgment against him. 

The Reverend Fathers remarking further, say 
that all these facts and others which they might 
present, are conclusive arguments in support of the 
rights which they allege in behalf of the poor 
Indians; '' whom neither christian charity, nor the 
King, our Sovereign, has permitted, nor ever will 
permit, to be dispossessed of their lands, or de- 
spoiled of their legitimate rights, which have been 
ceded to them by nature, and the Supreme Being;'' 
that while Father Tomas and his companions lived 
at the Mission, the settlers of the Pueblo never 
received a favorable audience for their petitions, 
although persistent; and it may have been, they 
observe, '' because, perhaps, the Justices of the 
Pueblo knew very well that the said Pueblo was 
established contrary to the will of the King, our 
Sovereign, as expressed in Law 9, Title 3, Book 6, 



66 HISTORY OP SAN JOSE 

or, perhaps, because of some respect to said 
Fathers." They add, if such is the case, they may 
find themselves under the necessity of petitioning, 
and even of appeahng, to a superior tribunal, and 
to the Supreme Tribunal of the Indies ; that Father 
Tomas still lives in the city of Mexico, and is well 
known in connection with the affairs of Santa 
Clara Mission. Finally, the detailed report is 
brought to an end, by revealing the opinions of 
the Indians themselves. They relate to the Grov- 
ernor that, " these natives, as well Neophites as 
Gentiles, have observed well all these difficulties, 
having known and complained that those who are 
called ' Gente de razon and citizens, have usurped 
their lands which God gave to their fathers." The 
expression, "Gente de razon," is literally ^eoj9/e of 
reason; and signifies, by way of distinction, cwiUzed 
peojjle. " And lastly," says Father Catala, " I, 
myself, can swear that I have heard the Gentiles 
complain among themselves, of the manifest injus- 
tice of the settlers in desiring to appropriate to 
themselves lands, of which they have no right 
whatever; that the christian Indians note this, and 
speak of it publicly, is not strange; but a com- 
plaint of this character from the mouth of a Gen- 
tile, argues much inquietude, and something 
more." 

It was apparent that the dispute relative to the 
boundary line, was not a question to be settled by 
local authorities; and that application must be 



AND SURROUNDINGS. 67 

made to a more distant, and a higher, power than 
existed in the Province. Not exactly of as much 
moment as the claims of the Indian tribes, con- 
tinually presenting themselves to the United States 
Govermnent, but quite as protracted in .settle- 
ment. 

Tlie Reverend Fathers believed tliey had " a 
friend at court;" one of no small influence, and of 
no low order in the "ecclesiastical ranks. They 
sought the aid of the Reverend Father Tomas de 
la Pefia, Guardian of the College of San Fernando, 
in the city of Mexico. This high ecclesiastic laid 
before the Viceroy a detailed representation of the 
proceedings which had already taken place. He 
pointed out the injustice, as he claimed, of the 
Pueblo, and solicited the Viceroy to remedy the 
evil. This illustrious officer surveyed the premises 
as presented to him, which appeared in his eye 
plausible indeed. He viewed the complaint as 
well founded in every respect; and tliat justice 
might- be done in the matter, he ordered, on the 
7th of August, 1778, the Governor of the Province 
to proceed forthwith to examine the whole affair, 
and, to go in person, if necessary, and view the 
disputed grounds. The order.was accompanied by 
the statement made by Father Peiia. The Gover- 
nor was required to investigate fully all the docu- 
ments in the archives of the Province, pertaining 
to the matter, and, to make a complete report of 
his acts in the premises to his Excellenc}^, the 



68 HISTORY OF SAN JOSE 

Viceroy. The statement made by Father Peiia 
was a brief, historical sketch of the landed rights 
of the Mission and the Pueblo. He commenced 
by saying the Mission was founded in the begin- 
ning of the year 1777, on the plain of the river 
Guadalupe, at a distance of a league from its 
source, on its western bank, in accordance with the 
instructions of his Excellency, Lieut. Col. Don 
Juan de Anza, and the orders of the Governor of 
the Province of California, and is situated at the 
head or terminus of the arm of the soa, which runs 
to the southeast from the port of San Francisco, 
from which it is fourteen leagues distant; that 
during that year, Governor Neve established the 
Pueblo of Gente de t^azon, (civilized people), in the 
neighborhood of said river; and knowing it would 
necessarily, be of some detriment to the Mission, 
he, to make that detriment as little as possible, 
gave orders to the Lieut. Comandante of the Pre- 
sidio of San Francisco, Don Jose Moraga, to locate 
the Pueblo at the greatest distance possible 
from said Mission; that the Governor wrote at the 
same time to the Reverend Fathers and founders, 
praying them to admit the settlers as defenders of 
themselves and of their Mission; and that the 
Pueblo should be of the least possible damage 
to the Mission. 

Father Pena further observes that the Coman- 
dante, thinking, doubtless, to please the Governor 
located the Pueblo on the opposite side from the 



AND SURROUNDINGS. 69" 

Mission, at a distance of three quarters of a league 
from the Mission house, saying that he had supe- 
rior orders for so doing ; that a few months there- 
after the Governor visited the Presidio, Mission, 
and Pueblo, and said the Comandante was clearly- 
mistaken, and that the orders he had given were 
only to make some ditches to concentrate the wa- 
ter, and not to build houses on cultivated fields; 
and further, the Governor promised the Fathers he 
would give the necessary orders to avoid all prej- 
udice to the spiritual and temporal affairs of the 
Mission ; that during the time Governor Neve was 
in office no possessions of lands were given to set- 
tlers, nor were any boundaries designated or land- 
marks fixed, nor did said settlers have any flocks 
on the Mission side of the river. 

The Reverend Father Pena, still continuing his 
narration, states that Don Pedro Pages, having 
become Governor in 1782, presented himself at 
the Mission, saying he was going to place bounda- 
ries between the Mission and the Pueblo, in order 
to give, in the name of the Xing, possessions of 
lands to the residents of the Pueblo ; that he sum- 
moned the Reverend Fathers of the Mission to as- 
sist, inasmuch as they had charge of the temporal 
affairs of the Indians; that the Fathers made a 
verbal protest (the summons being verbal) against 
said proceedings, because the same was unjust and 
in contravention to the laws 'and royal ordinances; 
that the Governor, regardless of reason and the 



70 HISTORY OF SAN JOSE ^ 

rights of the Indians, proceeded to place land- 
marks; that during these proceedings the Fathers 
sent a written protest, which they made in the 
name of the Indians, but the Governor not deign- 
in o; to receive the same, it was forwarded to the 
Reverend Father Junipero Serra, President of the 
Missions, praying him to make such use of >the 
same as he might deem expedient; that the Rev- 
erend Father called upon the Grovernor and solic- 
ited him to make some order, although it might 
be of an unfavorable character, as the Fathers de- 
sired to be heard in the matter; that the answer of 
the Governor was very succinct, and was this: "I 
will take care of this ; if the Fathers wish to appeal 
to superior power, let them do so." Father Pefia 
ironically observes: "Good consolation to few 
poor Missionaries in that retired and remote corner 
of the earth !" He adds, that from that time the 
Mission commenced to suffer from the inhabitants 
of the Pueblo and from their flocks, and which was 
carried to such an extent, that the annoyance to 
the Fathers was considered the best way of pleas- 
ing the Governor, who, far from attending to the 
repeated complaints of the Fathers in relation to 
the scandalous treatment of the unchristianized 
Indians by the settlers, and the bad example set 
by them before the neophites, who knew and saw 
their improper conduct with the women, besides 
the damages to their fields and other property, al- 



AND SURROUNDINGS. 71 

ways refused to give the necessary orders for the 
prevention of said disorders. 

Don Pedro, the Governor, would not have much 
admired the portrait of himself drawn by the Rev- 
erend Father — a picture which he never witnessed, 
as it was executed long subsequent to the close 
of his official career, and passed through but few 
hands into the archives of the country. It has 
long lain there among the dusty manuscripts, 
somewhat faded by time, and now brought forth 
and restored, to be presented to the living of to- 
day, that they may have a glance at a part of the 
features displayed in that long-extended territorial 
dispute among the ancestors of a preceding race — 
protracted, indeed, but not more so than the dis- 
puted rights to the same domain has been by their 
succeeding generations, in different tribunals and 
in a different tongue. 

But to continue Father Pena's sketch: 'He al- 
leges that in the year 1786, the Reverend Father 
Palou, having retired from the Mission, came em- 
powered by the ministers of the same to ask jus- 
tice at the hands of the Superior Government, 
bringing with him a copy of the protest and reply 
of the Reverend Father Serra in relation to what 
had passed between him and the Governor; that 
Father Palou presented himself before his Excel- 
lency the Yicero}^, Conde Galvez, who, as well as 
the Fiscal (Attorney-General), promised him that 
the whole matter should be promptly considered ; 



72 HISTORY OF SAN JOSS 

that the latter said to Father Palou he would give 
the most stringent orders to the Governor, requir- 
ing him to keep strict watch over the settlers, and 
to punish severely any excesses or scandalous con- 
duct; and that in relation to the injuries to the 
temporalities of the Mission, he would order the 
landmarks which had been placed by Grovernor 
Fages to be removed; and further, that the river 
running between the Mission and the Pueblo should 
be the dividing line, and thus end the difficulty. 
He further alleges that the serious illness and sub- 
sequent death of his Excellency Senor Conde de 
Galvez, and that of Father Palou soon thereafter, 
were the reasons why said provisions were not 
carried into effect; that while Don Jose Antonio 
Romen \jas Governor, and, afterwards, while Don 
Jose Joaquin de Arrillaga held the same office, ad 
interem, the Mission did not acknowledge such 
bound?iries, nor did the inhabitants of the Pueblo 
attempt to j)revent the Mission from making en- 
closures on the land, which, according to the 
boundaries fixed by Don Pedro Fages, pertained 
to the Pueblo; all which was sufficient to induce 
the settlers to believe that the said Governor 
would not recognize their claim, the same being 
evidently against the rights of the Indians. 

Father Pefia further observes, that it is well 
known with what facility lands have been obtained 
from the Government, for ranchos (farms) by 
Gente de Razon (civilized people), and that with 



AND SURROUNDINGS. 73 

notable prejudice to the Mission ; that the residents 
of the Pueblo of San Jose claim the west side of 
the river, under Fages' order of 1782, well know- 
ing that protests were made in good faith in behalf 
of the Indians. And that, in consideration of all 
that has been set forth, and which the Father 
alleges can be proved, if so ordered, he prays that 
the Governor of the Province be ordered to re- 
quire the settlers to no longer molest the ministers; 
that the Guadalupe river be made the boundary 
line, in accordance with the opinion of the Fiscal 
of the ro3-al treasury, Don Vicente Posadas : as 
then the Pueblo will have more tlian enough land 
on the spacious plain, which extetids in three di- 
rections ; and that the Mission will be content 
with what remains, although it be of less amount, 
and of an inferior quality. 

Thus ends the epistolary history, dated at the 
Apostolical College of San Fernando, July *27th, 
1798, with the humble salute of "Kissing the hand 
of your Excellency," and addressed to his Excel- 
lency Senor Viceroy Don Jose de Aranza. 

Governor Don Diego de Borica, on the 4th of 
September, 1798, and before he had received the 
order of the Viceroy, bearing date August 7th, 
wrote to the latter, that the ministers at the Mis- 
sion had greatly overrated the number of un- 
christianized Indians under their charge ; that 
many of the neighboring Indians belonged to the 
Mission of San Jose ; and others of them to the 



74 HISTORY OF SAN JOSE 

Mission of San Juan. With the foregoing letter, 
the Governor transmitted all of the proceedings 
bearing upon the disputed boundary. 

On the 3d of the following December, he again 
wrote the Viceroy, in obedience to the said order 
of August 7th, which he had received on the 28th 
of November. He commences that epistle by 
saying that he will explain all that he understands 
in relation to the injuries suffered by the neophites 
at Santa Clara Mission, as represented by the 
Reverend Father, Guardian of the College of San 
Fernando, as being caused by the settlement of 
the Spaniards in the neighborhood. He continues 
by remarking that, as to the negotiations wdiich 
took place, on the establishing of the Pueblo, 
between the Reverend Fathers ministers of the 
Mission, the Reverend Father Junipero Serra, 
President of the Missions, and the Governor's 
predecessors, Don Felipe de Neve, and Don Pedro 
Pages, he cannot explain anj^thing; nor can he 
say anything in relation to the promise made by 
his Excellency the Conde de Galvez, and the Fis-- 
cal of the royal treasury, to the Reverend Father 
Francisco Palou, when he represented this matter 
at the capital. 

The Governor further declares, that thus far 
during his administration, there appears to be no 
dispute about boundaries; nor is it strange, he 
adds, for the inhabitants consisting of only a few 
poor devils, it little matters to them what the 



AND SURROUNDINGS. 75 

Mission claimed, so long as they had undisturbed 
possession of their lots of land. But, believing 
that it would be necessary to make distribution of 
lands to others who might be entitled thereto, as 
ordered by his Mnjcsty, in the Regulations of the 
Peninsula; and also to appropriate some for the 
growth of hemp, by way of experiment, he found 
it requisite to take the matter in hand, in order 
that the Pueblo might have all that belonged to 
it, according to its limits, as designated at the 
time of its establishment, there being no order to 
the contrary. But it appears that the Comand- 
ante-Greneral had made an order, marked number 
one, which the Governor transmitted to the Vice- 
roy, and in which the boundaries fixed at the 
founding of the Pueblo were confirmed. The 
Grovernor also forwarded the proceedings which 
had taken place in relation to the matter, and 
which embraced ten documents, numbered from 
one to ten inclusive. He informed the Viceroy 
that, in his prior letter of September 4th, he had 
asked, in communication marked number G03, the 
latter to declare the limits of the Pueblo, and that 
he had a sketch of the land before him; and hav- 
ing examined it thoroughly, he did not think it 
necessary to go in person to the disputed grounds ; 
but if he, the Viceroy, thought proper thus to ad- 
vise, he would comply therewith, and endeavor to 
end the discord. 

The Governor suggested to the Viceroy that he 
agreed with the Reverend Father-Guardian, that 



76 HISTORY OF SAN JOSfi 

t 

the river should be designated as the boundary 
line; that then there would remain to the Pueblo 
a large portion of irrigable land, which would be 
required by an increased population; but that a 
part of the sierra, (mountains,) lying toward the 
coast, ought to remain to the Pueblo for a supply 
of timber and firewood; and that if his Excellency 
should so determine the boundary, that suertes 
would be given on this side of the river to three 
or four individuals who had them now on the 
other side, as these persons considered, according 
to the ancient time, that they were entitled*to the 
former suertes. 

The Governor further reported that he had 
examined the archives and found no represen- 
tations made by missionaries in regard to the 
matter. He sent to the Viceroy the original in- 
structions which- governed the Commissioner in 
the measurement.' He refers to the Fathers as 
witnesses in support of his prompt decisive acts, to 
restrain all disorder whenever notified of the 
same, and that he had inflicted punishment on 
those who deserved it ; that some might possibly 
have escaped his notice, and, if so, it might rather 
be attributed to human weakness, and that he 
could not be in all places at the same time, than 
to any lack of vigilance on his part. 

On further examination of the archives he found 
it necessary to again communicate with the Vice- 
roy, which lie did by letter of the l7th of Jan- 



AND SURROUNDINGS. 77 

uary, 1709. He informed the latter that he had 
found private instructions given by Governor 
Felipe Neve to his successor, Don Pedro Fages; 
that article eleven thereof declared what should 
be the limits of the establishment. He added 
that, notwithstanding said instructions, he had not 
changed his opinion that tlie river should be the 
boundary, leaving part of the mountains for tim- 
ber and firewood. The foregoing instructions are 
in these words: " To the end that all trouble be- 
tween the Mission of Santa Clara and the Pueblo 
of San Jose may be avoided, I declare, as hereto- 
fore I have done, that the boundary between the 
same from east to west, shall be a line midway 
between the two settlements, there remaining to 
the Mission the part on the north, and to the 
Pueblo that on the south, where landmarks will 
be placed." 

It will be remembered that, the direction of 
Santa Clara Mission from the Pueblo is northwest. 
The spring or well of water spoken of in this con- 
troversy, is on the grounds owned by Capt. Cook, 
an(J about two miles from San Jose. Between 
that spot and the river Guadalupe is quite a tract 
of valuable land, over which had been the spirited 
contention. 

At last, thq long dispute appears to approach a 
finahty. We find that the Viceroy, on the 1st 
September, 1800, sealed the fate of that issue by 
decreeing, in conformity with the solicitation of 



78 HISTORY OF SAN JOSE 

the Fiscal de Real Hacienda {Keeper of the Roj'al 
Treasury), and the advise of the Asesor (Attorney- 
General), that in the future the river Gruadahipe 
should be the dividing line; leaving to the Pueblo 
part of the mountains v\^hich lie on the coast, so 
that the settlers might provide themselves with 
timber and wood, as Don Diego de Borica, when 
Grovernor of the Province, proposed in letters of 
dates December 3d, 1798, and January 17th, 
1800. 

Tlie Viceroy gave special nistructions that the 
landmarks should be fixed firmly and permanently, 
that no future dispute could possibly arise. He 
considered this settlement in the nature of a com- 
promise ; that the Mission had yielded part of its 
rights to the mountain land. 

Don Jose Arguello, Brevet Captain, and Com- 
mander of the Presidio of San Francisco, in com- 
pliance with the. foregoing order of the Viceroy, 
and by virtue of having been commissioned by 
his Excellency Don Jose Joaquin de Arrillaga, 
Governor ad interim^ proceeded on the 24th of 
J,uly, 1801, to establish the disputed boundary. 
The Reverend Father Friar Francisco de Laveren, 
President of the Missions, cheerfully consented. 
The Commissioner w^as accompanied by Father 
Martin de Landoetoe (who had been selected by 
the President), Father Jose Viader; and-Marcas 
Chabolla and Marcario Castro, the two latter as 
Commissioners on the part of the Pueblo. The 



AND SURROUNDINGS. 79 

river Guadalupe being designated as the line, for 
a certain distance, and as its origin was nearer to 
the Pueblo than the Mission, it was agreed that 
a line should be drawn in the same direction as the 
course of. the river, which varied a little from 
southeast and northwest. They then further agreed 
to construct immediately three landmarks of stone, 
in a permanent manner, placing the last one on a 
little stony hill at the foot of the mountains, which 
is called Parage de los Capitancillos (place of the 
little Captains), leaving to the Pueblo a part of 
the rohlars (oaks) for wood, and also all the musal 
(wet land covered with willows,) which surround 
the head of the Guadalupe river. After tins part 
of the work was finished, a part of the mountains 
on the coast range was marked off for the Mission, 
in order that botTi establishments might be sup- 
plied with timber and firewood; fixing there land- 
marks also. The proceedings were drawn up in 
writing, and signed by all the parties present. 
Captain Arguello made an official report of the 
foregoing measurements, on the 31st of the same 
month, to Don Raymond Carrillo, at Monterey. 
The latter likewise communicated the facts to 
the Governor, on the 1st of the following August, 
remarking that it became his (Carrillo's) duty to 
direct the proper order to the justices of the Pu- 
eblo, to prevent further disturbances between the 
citizens thereof and the natives at the Mission; 
and to notify them that in case the inhabitants 



80 HISTORY OP SAN JOSfi 

should suffer injuries from the Indians, to inform 
him and the Reverend Fathers, and not attempt 
to take it upon themselves to correct the evil. 

Thus terminates a prolonged and vexatious de- 
bate upon territorial rights, maintained with equal 
vigor on both sides; although not as threatening 
in its aspect as the dispute on the northwest 
boundary between the United States and British 
America, which caused every citizen of the Re- 
public to shout the ultimatum of " Fifty-four 
forty or hght." Though less dangerous in a mili- 
tary point of view, not less warlike in words, sent 
forth principally in epistolary form. 

After all this correspondence, it may puzzle the 
reader to decide which side of the controversy 
had the stronger claim to the land l3ang between 
the posa and the river. Three quarters of a cen- 
tury has nearly elapsed since the question was 
finally put at rest, and as death and time equalize 
all things, the kind reader may conclude that the 
testimony equally balanced the scales. 

In 1798, the house of the Ayuntamiento or Juz- 
gado was built, which existed until the year 1850, 
when it was pulled down. Whether any improve- 
ment was made subsequent to its original struc- 
ture is not positively ascertained by the archives. 
I have learned from an eye-witness, that as far 
back as 1818, it stood as in 1850. This was an 
adobe building, situated on Market street, a little 
west of the store now occupied by Mr, Lion, at 



AND SURROUNDINGS. 81 

the comer of El Dorado street. The gable ends 
were facing east and west. It was one story high, 
and had three rooms. The middle room was occu- 
pied by the Court, the east one as the Alcalde's 
room, and the west one as the jail. This building 
is a little suggestive as to the location of titles. 
The titles given in 1783, a mile north of Market 
square, called for the house of the Ayuntamiento 
as a boundary to some lots then granted. Of 
course, the titles alluded to the house of the Ayun- 
tamiento in the old settlement of the Pueblo: 
But witnesses in our Courts within the last few 
years, have testified that the house built for the 
Ayuntamiento in 1798, was the one referred to in 
the said titles. The reader can estimate the value 
of such testimony. 



82 HISTORY OF SAN JOSfi 



CHAPTER yil. 

•irOQ-lSOQ. 

The Alameda. — Mission and Pueblo of San Jose — Land Dispute about 
La Calera. — First Churcli in San Jose — Ceremonj' in Laying its 
Corner-stone, 1803. — Peach Brandy. — Dispute about the Land 
called Las Calaveras ; its Location ; why so named. — Boundary 
of Pueblo by Mariano Castro. — Schools. 

One of the lasting and most valuable improve- 
ments left us by the good Fathers, both pleasing 
to the eye and refreshing to the body of the trav- 
eler, is the beautiful grove of willows that link the 
Pueblo with the Mission of Santa Clara. They 
stand like silent sentinels, inclining their graceful 
forms to5vard each other, and entwining their leafy 
branches in^ token of eternal friendship. They 
stand, too, as monuments over the grave of the 
buried ' land-dispute. Warmly debated, over the 
land that now feeds their succulent roots, and 
gives freshness and verdure to their shady leaves. 
Could they but sp.eak, what mighty volumes of 
thought would they not express ! Thoughts which 
they have gathered for nearly three quarters of a. 
century from the passers-by, whom they have 
kindly sheltered from the burning sun'. They have 
listened to the weary traveler who has halted for 
rest beneath their shade, fatigued by irksome 
march — faint from hunger, weak from age, who in 



AND SURROUNDINGS. 83 

his despondency has held converse with himself 
over the darkness of the past, mingled with hopes 
for the future ; who was wondering when the light 
from the sun of fortune would come streaming 
above the horizon of his life. The}^ have listened 
to the penitent, who was winding his way to the 
confessional, with the anxious hope that he might 
be relieved of the heavy burden that weighed 
down his soul. 

They have listened to the lover's voice, that 
came with a sweet, though trembling accent, from 
the very depths of a noble heart. Tlioy have lis- 
tened to the merry laugh, that burst forth with a 
childish innocence, from the gay and cheerful 
heart, seemingly unacquainted with grief They 
have listened to tlie slow and solemn tread of 
horse and foot, arrayed in funeral pomp, timing 
the muffled drum, and the blast of the bugle-horn, 
that breathed in measured acceiUs the notes of the 
dead%arch — a march that has carried to the tomb 
those whose wild shouts of joy had often resounded 
amid their wavy boughs. And they may stand 
utitil all who now breathe in the valley which they 
adorn, shall have taken up their abode in the silent 
grave. It was in 17 9Q, the midnight year of the 
last century, that Father Maguin de Catala, per- 
formed the goodly work of staging this enchanting 
grove. He employed two hundred Indians to plant, 
water, and protect the trees until they had received 
sufficient strength to withstand the nibblings and 



84 HtSTORY OF SAN JOSfi 

gnawings which the cattle might chance to give 
them. The grove formerly extended easterly as 
far as the Guadalupe river. They were, indeed, 
of much value to the passing footmen, as a pro- 
tection against the assaults of wild cattle that liter- 
ally covered the plains, and which seemed con- 
tented to let man alone while he was mounted on 
his steed, but if afoot, it would have been almost 
a miracle if he had succeeded in going any great 
distance without their making advances to give 
him a lofty tumble on their horns. 

On the north and eastern side of the grove of 
trees, an acequia (ditch) extended from the Guad- 
alupe westerly, thence northerly, following the 
road, to the Mission, passing the western confines 
of the garden thereof; thence running north- 
erly, and circling toward the east, a distance of 
nearly three miles, until it again united with 
the Guadalupe. This ditch was for the purpose of 
irrigating the land. This road through till Ala- 
meda was the best and most important in the 
county. San Jose was not an ecclesiastical parish 
until 1851, when it was so ordered by Bishop Al- 
lenjany. Previous to that time, there was no 
regular service in San Jose, and, therefore, nearly 
all baptisms, marriages, and burials took place at 
the Mission. Hence the importance of a good 
road to the Mission. 

The Mission of San Jose was established in the 
year 1787, on the 11th of June, about twelve miles 



AND SURROUNDINGS. 85 

northeast of the Pueblo of San Jose. Of this Mis- 
sion, I shall have more to say hereafter. I now 
mention the date of its founding, as our attention 
is called to some matters which connect that es- 
tablishment with the Pueblo lands. A¥e have now 
turned our face ^ quadrant to the right, to witness 
another land dispute, shorter in duration, less in 
magnitude than the one just closed. The Mission 
and the Pueblo discussed the claim to doubtful 
territory. 

It appears that the place known as La Calera 
(the Limekiln) was in dispute between the Mis- 
sion and the Pueblo. The Government had given 
the use of a rancho there to Jose Ma. Larios and 
one Ballesteros. Larios sold the place to the Mis- 
sion, which made the Governor highly indignant, 
and. likewise the inhabitants of the Pueblo. The 
latter claimed the land as being within the Pueblo 
limits, alleging also, that the Mission could not pos- 
sess the same by an illegal sale. The Commissioner 
of the Pueblo wrote Governor Arrillaga, on the 
3d of July, 1803, informing him of the illegal sale, 
sending therewith documents showing that the late 
Governor had given the parties possessing said 
land, only a permission to use the same. The 
Governor, on the 16th of the following August, 
officially communicated with iTon Jose de la Guer- 
ra in relation to the matter, wherein he stated that 
he approved of the acts of the latter in suspend- 
ing the delivery of the possession of the premises 



86 HISTORY OF SAN JOS:S 

until he, the Governorj should determine the 
question of title. He further observed that the 
Fathers of the Mission of San Jose had applied to 
him regarding the same, and that he had replied 
to them by letter, a copy of which he thereby 
transmitted to De la Guerra. lie added that La- 
rios had no right to sell the tract of land ; that 
lands which were given, loaned or rented, could 
not be sold by the possessor without permission 
of the Government; that such were the orders 
even where they acknowledged the domain to be 
in the party; and that when the deceased Gover- 
nor ordered the Commissioner of the Pueblo to 
deliver possession of the said premises to Larios 
and Ballesteros, he did not recognize the same as 
belonging to the said Mission. In view of the 
foregoing reasons, and the fact that Larios acted 
in bad faith, the Governor ordered that De la 
Guerra should inflict upon Larios the punishment 
which he merited; adding, that Larios' acts had 
given grounds for complaint on the part of both 
the Pueblo and Mission. If all the parties were 
punished in the present times who act in bad 
faith in land transactions, the criminal courts 
would be more industrious than they have been 
thus far. ^ 

The Governor wrote the Fathers of the Mission 
upon the subject, August 19th, referring to the 
fact of the sale by Larios, and of his receiving 
compensation for the house he had built thereon, 



AND SURROUNDINGS. 87 

observing, at the same time, that ho could not 
approve of the act; that Larios had no righ! to 
sell without a permission from the Government; 
and further, that the Pueblo, through the Alcalde, 
had solicited the same place, as it had always been 
recognized as being within the confines of the 
Pueblo. 

The history of Spain has not failed to show that 
the predominant idea of every sovereign ever 
seated on her throne, has been the advancement 
of the Catholic faith. That faith has been a part 
of the machinery of government ; and the erection 
of cathedral, church or chapel has not been left 
entirely to the will of her subjects, but considered 
as a portion of Governmental functions. The 
same spirit has permeated throughout every ham- 
let in Spanish domain. In 1803, the inhabitants 
of the Pueblo, remembering that the land between 
them and the Mission of Santa Clara was subject 
to overflow — and so much so as to have caused a 
removal of their Pueblo settlement — deemed it 
advisable and convenient to have a small church 
or chapel within their own precinct, where, as 
favored with a priest, by the kindness of the Mis- 
sion Fathers, they might bow down and worship 
their faith within a stone's throw of their own 
mansions. 

About the first of July, the Commissioner of 
the Pueblo, Don Macario Castro, wrote Don Jose 
de la Gucrra, Comandante at San Carlos, near 



88 HISTORY OF SAN JOS:^ 

Monterey, soliciting him to come to San Jose to 
act as godfather at the consecration of the corner- 
stone of the chapel about to be erected here. 
That modest man replied by letter, July 7th, that 
his daily acts of impiety would not permit him to 
accept the favored 'position, but that, using the 
faculties that had been conceded to him, to nomi- 
nate a substitute which would be agreeable to his 
taste, and one in whom he had confidence, he had 
empowered Don Jose Ma. Estudillo, a cadet, who 
would do all that he himself could. 

On the twelfth of that month the ceremony took 
place, on the ground near where the Catholic 
brick church now stands. Several pieces of coined 
money, made in the reign of the different Spanish 
monarchs were placed under the corner-stone, 
and a brief statement of the proceedings were 
placed in a sealed bottle, to perpetuate the memory 
thereof, as will be seen by a translated copy of 
those proceedings, which reads as follows: "In the 
Pueblo of San Jos^ de Gruadalupe, the 12th day 
of July, 1803, Seilor Don Carlos IV., being King 
of Spain, Don Jose Joaquin de Arrillaga, Governor 
ad interim^ and Lieut. Col, of the Royal Army; 
the retired Sergeant Macario de Castro, Commis- 
sioner of the Pueblo; Ignacio Archuletta^ ordinary 
Alcalde ; and Bernado Heridia and Francisco Gon- 
zalez, Regidores; at six o'clock of the evening on 
gaid day, was made the consecration of the first 
stone and mortar of the church which was com- 



AND SURROUNDINGS. 89 

menced in the said Pueblo, dedicated to the Patri- 
arch Seiior St. Joseph, and the Virgin Guadakipe; 
which ceremony was celebrated with much 
solemnity by the. Reverend Father Friar, Jose 
Viader, minister of the Santa Clara Mission; 
Don Jos^ Maria Estudillo, Cadet, acting as god- 
father, by proxy, from Alferez de Jose Antonio de 
la Guerra y Noriega, Commandant at the Presidio 
of Monterey, and who placed under the first stone, 
moneys of every sovereign, and a duplicate of this 
document, in a bottle sealed with wax, for its 
preservation in the future ; and for the present, 
we sign it in the said Pueblo, the day, month and 
year aforesaid. Fr. Jose Viader. 

"Jose Maria Estudillo, as proxy for Alferez de 
la Guerra y Noriega. 

" Macario de Castro, Commissioner." 

Notwithstanding the modesty of the gallant 
commander, as to his conscientious scruples, never- 
theless he was represented in fact, his appointee 
acting as his agent. It was a gentle and polite 
manner of relieving himself of the performance of 
a solemn duty. Proxies in warfare, and in the 
performance of articles of faith, are convenient 
luxuries. 

The little chapel built over all that ceremony, 
remained until 1835. It was made of adobes, but 
covered with a tule (coarse grass) roof. A few 
pictures of Saints, and of Biblical scenes adorned 
the rude structure. Rude though it was, I do 



90 • HISTOEY OF SAN JOSfi 

not doubt that the hearts which ^-athered within 
it, were as humble and penitent as those who 
kneel beneath spacious domes, gemmed with 
precious stones of every hue. , 

Scarcely had a half dozen years elapsed subse- 
quent to the establishment of the settlement of the 
Pueblo on its present site, when the inhabitants 
were enjoying the benefits of luxurious fruits. 
They saw, as we see now, a fertile plain bringing 
forth with a wonderful rapidity, every class of 
vegetable form which man saw proper to culti- 
vate. The verj plants themselves seemed .to vie 
with each other in expansive growth, as they drew 
moisture from the earth, and light and heat from 
the sun. And as the harvest of fruit was greater 
than its consumption, in its natural state, the 
owners thereof sought to transubstantiate a part of 
it into a pleasant, though intoxicating bevernge. 
Yet, before that could be done, the King's officer 
must be consulted, one whose vigilance was not 
less watchful than the all-important and prying 
revenue officer of this free Republic, who considers 
it his duty to watch the stamp of a schoolmarm's 
foot to unruly scholars, that he may know whether 
it is of the right size. One innocent and law- 
abiding subject of the King, residing in San Jose, 
Don Manuel Higuerra, had more peaches than he 
cared about eating in the ordinary way. He came 
to the opinion that peach brandy was a useful 
article, at least, at stated periods. Knowing the 



AND SURROUNDINGS. 91 

law on the subject, he acted cautiously, and wound 
his way to the capital of the Province, Monterey. 
He there obsequiously solicited the favor of 
making just one barrel of that good, old u ever-to- 
be-forgotten drink, peach brandy. The officer, 
doubtless, sympathizing with the taste of the 
petitioner, granted the favor, and delivered him 
the following certificate, as a protection, wbicli 
was to be filed in the archives of the Pueblo, in 
the Alcalde's office: 

" The individual, Manuel Higuerra, has per- 
mission to make as much as one barrel of peach 
brandy. Noriega. 

" Monterey, 19th day of August, 1805." 
There is a tract of land in the hills near the 
Mission of San Jose known as the Calaveras 
(Skulls). It derived its name from the numerous 
skulls found there. There had been several skir- 
mishes with the Indians in that vicinity, and some 
that entered the fights were not successful in at- 
tempting to get away with their bones, as these 
old skulls well testify. The land, like the skulls 
that christened it, had its proprietorship left in a 
state of doubt. The spirits that once .had actual 
and legal .possession of those skulls never appeared, 
subsequent to their first exit, to contest their 
claims thereto, at least, so far as the archives show. 
But other skulls of the Pueblo and of the Mission 
did-»— skulls that flourished but a brief period and 
then took up their abode beneath the surface of 



92 • HISTORY OF SAN JOSE! 

adjacent lands, the possession of which has since 
been hotly contested, without regard to the 
buried inmates. 

The Mission of Santa Clara had placed their 
stock upon the Calaveras tract, and their right so 
to do was questioned by the Pueblo. The Com- 
missioner of San Jose, Sergeant Don Luis Peralta, 
officially communicated the fact to the command-' 
ing officer at Monterey, Don Jose M. Estudillo, 
on the 22d of August, 1809. The latter referred 
the same to the Governor by letter, on the 20th of 
the following September. He informed his Ex- 
cellency that he was unacquainted with the location 
known as the Calaveras, and that he had replied 
to Sergeant Peralta, a copy of which reply he 
therewith transmitted. He further states that 
Peralta, in company with the Alcalde of the 
Pueblo, had Examined the disputed land, Sitos de 
las Calaveras, and found that it belonged to the 
Pueblo. Estudillo also forwarded to the Gov- 
ernor a statement, marked number one, received 
from Peralta in the foregoing letter of August 
22d. He concludes his letter by requiring the 
Governor to inform him what ought to be done 
in the premises, and also to answer Peralta. The 
Sergeant, in his letter marked exhibit number 
one, states that the citizens of the Pueblo have 
complained to him that the Mission of Santa Clara 
had placed their cattle and horses on the Calave- 
ras, which belongs to the Pueblo; and that he 



AND SUEROUNDINGS. • 93 

being ignorant of the line that divides the Mission 
of San Jose from the Pueblo, and not finding any 
documents in the archives explanatory of the 
matter, he had inquired of most of the people in 
the Pueblo, and that they could give no accurate 
information about it. His opinion was, he said, 
that the land did not belong to the Mission of 
Santa Clara, but it might, perhaps, belong to the 
Mission of San Jose. The people of the Pueblo, 
believing it belonged to them, he observed, placed 
their stock there, as they had also done on the 
Larios rancho, from fear that the other pasture of 
the Pueblo was insufficient to keep them from 
dying. The inhabitants of the Pueblo further 
represented, that when the wheat harvest was 
over they wished to send their oxen and tame 
horses to the Calaveras; that the Mission people 
had been in the habit of driving away from there 
the stock which belonged to the Pueblo, which 
was a great inconvenience, inasmuch as it caused 
them to stray into the mountains, and frequently 
to become lost; and that they wished the Mission 
people immediately to cease occupying the same. 
Some of the citizens of the Pueblo placed their 
stock on the Mission side of the stream, but re- 
moved them on account of the complaint of the 
Fathers, and brought them to the Calaveras; but 
Sergeant Peralta ordered them not to do so- for a 
while, until Estudillo had decided upon their 
right to that place. The Sergeant was quite soli- 



94 • HISTORY OF SAN JOSfi 

citous ill urging Estudillo to decide where the 
dividing line between the Mission and Pueblo of 
San Jose should run, observing at the same time 
that if the Calaveras really belonged to the 
Pueblo it would be a great convenience to the 
citizens. 

Estudillo, in his reply to Peralta, on the 15th 
September, referred to above, stated that in the 
year 1806, Governor Arrillaga, being in company 
with Sergeant Macario de Castro, and the Alcalde 
of the Pueblo, (whose name he did not know), for 
the purpose of settling the boundary line dispute 
between the citizens of San Jose Pueblo, and the 
Mission of that name, designated as the said line, 
a hill which lies to the south of the rancho, that 
belonged to Jose Larios. Estudillo further stated 
that he recollected the fact, that the Fathers pro- 
ceeded to make a ditch from this point on said hill 
to the first small creek (estero), but, inasmuch* as 
Peralta did not inform him whether this place of 
the Calaveras was connected with this hill, or at- 
tached to what was known as the Rancho de Larios, 
Estudillo said he could not decide to whom the 
Calaveras did belong. He requested Peralta,* at 
the first opportunity, to give him further informa- 
tion on that point. 

Don Mariano Castro, Alcalde of the Pueblo, 
made. a report, setting forth the boundaries of the 
Pueblo, as follows: "Running from the Calera, 
(Limekiln), distant two and a half leagues north- 



AND SURROUNDINGS. • 95 

erly to the esteros; southeast as far as Las Llagas, 
a distance of about ten leagues from the settle- 
ment of the Pueblo. On th€ southwest is the 
Mission of Santa Clara, the boundary between the 
two being La punta de los Capitancillos (Place of 
the Little Captains), this being the name of the 
place, from a little stony hill, as far as the foot of 
the mountain, running along tlie coast of Santa 
Cruz, at a distance of four leagues, from which 
springs two arroyos (streams), which flow in wet 
seasons, and which form the source of the riv|fc 
Guadalupe, that runs within a distance of five 
hundred yards of the Pueblo, and serves as a 
dividing line from the Mission of Santa Clara; the 
said source is about one league distant in a south- 
west direction, and which pluce is covered with 
woods. A.i a distance of. a quarter of a league, is 
the place from which water is taken by the in- 
habitants of the Pueblo, for purposes of irrigation, 
whose lands lie upon the banks of said river, at a 
distance of about one and a quarter leagues. This 
tract of land contains groves in the low grounds, 
named Aguage (spring), which forms a creek, 
that runs in wet seasons, and with the other two, 
into the bay of San Francisco. The mountains on 
the east run from north to south, the lowest part 
of which belongs to the Mission of San Jose, 
where there is a gap in the low hills forming a 
caiion, from which is distant more than two and a 
half leagues the dividing line of the Mission ; and 



96 HISTOEY OF SAN JOSfi 

the distance to the stream of Las Lhigas, is about 
the same. This arroj^o becomes dry; but in the 
wet seasons, it waters the lands, and good crops 
are raised. The . cattle resort to this spot for 
water — there being water along the skirts of the 
mountain, at the foot* of which are found large 
groves of oaks; and in the place called Tocaya 
(namesake), there is another, about a league in 
extent. There are also watering places on the 
dividing lines; and, at the Punto de los Capitan- 
f^los, there is a large live-oak grove, which ex- 
tends unbi'oken to the lands of Santa Clara. 
Between said boundary lines and the little st6ny 
hills, very near the Pueblo, there is another small 
oak grove, called El Rancliito (The Little Ranch). 
Within this ex cent ctf territory, much of the land 
is not susceptible of irrigation ; and that which is 
the most so, and the best, is the saiisal, (wet 
willow lands), which is watered by the arroyo de 
Aguage, on the edge of said groves. About the 
head of the river Gruadalupe, on the edge of the 
grove, there are six suertes of land; and at the 
distance of four and a half leagues, the dried-up 
pond indicates where there are ten suertes of 
land." 

Such is the statement of an old resident of the 
Pueblo, who died at the advanced age of seventy- 
three, in the year 1857. It is, indeed, somewhat 
vague, but I give it because it is from an old resi- 
dent, as forming a part of the record of the 



AND SURROUNDINGS. 97 

Pueblo, and, as likewise illustrating the indefinite- 
ness of every transaction that pertained to land 
titles. 

The document bears no date, but evidently was 
made many years ago. The want of exactness in 
the description of the lands in this State, has been 
no small source of the difficulties which have been 
presented to Courts and Surveyors, in locating the 
various claims. And complaints have been made 
by parties, seemingly, wholly ignorant of the cause 
of error. 

At exactly what period of time the officials of 
this country paid any attention to the intellectual 
culture of the growing children of the Pueblo of 
San Jose, I am unable to ascertain. The archives 
of California are arranged in volumes, but without 
the slightest regard to chronology, or subject 
matter. It is, therefore, in searching for any 
given fact, not unlike in uncertainty to the seek- 
ing for a needle in a hay-mow. I know the com- 
parison is a trite one, but it is illustrative of the 
idea to be conveyed. A document has been found 
among the archives of the Pueblo, pertaining to 
the schooling of the children in the year 1811. 
It appears that a contract was entered into be- 
tween the Commissioner of the Pueblo on behalf 
of the families thereof, and one Rafiiel Yillavicen- 
cio as teacher, for the instruction of all the chil- 
dren of the Pueblo. It was transmitted to th.e 
commander at Monterey for his approval. He, 

7 



98 HISTORY OF SAN JOSfi 

not considering the document complete as to the 
conditions therein set forth, made the following 
reply to the Commissioner of the Pueblo: "I 
return to you, that the same may be placed in the 
archives, the obligation which the inhabitants of 
the neighborhood have made with the infirm cor- 
poral, Rafael Yillavicencio, who transmitted it 
to me by official letter of the 30th of last Septem- 
ber, in which he obligated himself to teach the 
children of this Pueblo and vicinity, to read, 
write, and the Doctrine ; and to be paid therefor 
at the rate of eighteen reales per annum, by every 
head of a family, in grain or flour. As in this 
obligation of both parties, the conditions are not 
expressed, which I consider ought to be, I have 
thought proper to dictate them; that you may 
make it known to both parties in public, with their 
consent; and that it be signed by you, the Alcalde, 
Pvegidores, and the teacher, and registered in the 
archives. 

"Firstly. — The pay of eighteen reales annually by 
each and every head of a family, I think is quite 
sufficient for the teacher ; and as it is all they can 
give, in virtue of which, the Commissioner will be 
obliged to collect the same at the proper time, in 
order to deliver it to the teacher. The teacher, 
in virtue of the pay which is to be made to him, 
will also be obliged to perform his obligation with 
the greatest vigilance and strictness, without giv- 
ing his attention to anything else but the teach- 



AND SURROUNDINGS. 99 

ing. As tlic hours are not expressed in which the 
attendance of the children ought to be at school, 
they will be these: six in a day ; three in the morn- 
ing, and three in the afternoon; in the morning 
from eight o'clock until eleven, and in the after- 
noon from two until five; it being the duty of 
the Commissioner to compel the fathers to make 
their children attend; and to see that the teacher 
in no instance fails. 

"Every Thursday and Saturday afternoons, the 
children will not write or read, but explanations 
will be given them these two afternoons, of the 
doctrine (faith), at which times the Commissioner 
will attend, and advise the teacher that he must 
answer for the little or much explanation which 
he may make. • 

"When the teacher observes the absence of any 
of the scholars at the school, he will notify their 
fathers, who will give some satisfactory reason 
why they were absent on that morning or afterno/^n ; 
and if they should be absent a second time, then 
he will notify the Commissioner, who will compel 
the fathers to send their children, w^ithout receiv- 
ing any excuse or pretexts, particularly from the 
mothers, because they will all be frivolous, since 
the children have sufficient time to do all that 
they are required to do. 

• "Lastly, during the time in which the children are 
at school, their fathers will be exempt from being 
responsible to God for them, and the teacher will 

L.ciC. 



100 HISTORY OF SAN JOS^ 

be the one who is thus responsible ; as he will, 
also, in consideration of his pay, be responsible 
for the education and teaching of the holy dogmas 
of the religion ; and the teacher is he who must 
be responsible to God, the parish priest, and to 
their authority. It is also understood that the 
fathers are obliged to examine their children at 
home, as to the advancement which they may 
make, and to complain to the Commissioner when 
they see no advancement, in order that he may 
remedy the matter, if necessary, 

''As the teacher is responsible in the Divine 
presence for the education and good examples of 
his scholars, and as he must answer to the State 
for the fulfilment of his obligations, he has the 
right to correct and punish his scholars with ad- 
vice, warning, and laslies, in case of necessity; 
and particularly he ought to do it for any failure 
to learn the doctrine, for which he ought not to 
accept any excuse, nor to pardon any one from 
punishment who fails to learn it, or who does not 
commit to memory the lesson which may be given 
him. 

"Having made known that it should be registered 
as I command; God preserve you many years. 

" Josfi Ma. Estudillo." 

This is, indeed, somewhat singular in its phrase- 
ology. Estudillo doubtless was impressed with the 
magnitude of his own power. Whether he believed 
that he had received all the powers he exercised 



AND SURROUNDINGS. 101 

from his imperial master, the King, I know not ; or 
whether he fancied that he had received them from 
Divine inspiration. Bnt, he was either unmindful 
of his language, or conceived that his powers were 
greater than the earthly head of the Roman Chmx'h. 
He declares who is responsible to God, and who 
is not. His document is suggestive that, had he 
been one of the pupils of the infirm corporal, that 
the task of drilling him properly in the faith 
would not have been one of ease. 

The' document is likewise suggestive to any 
Spanish scholar, that the writer of it was badly 
in need of an instructor in the art of grammar, 
and the rules of rhetoric. As a copy of the ori- 
ginal was deposited beneath the corner-stone of 
the State Normal School building, generations, 
centuries hereafter, may, by the crumbling of the 
walls of that stately pile, or by the resurrection 
of its foundation by some terrible earthquake, 
have presented them this copy, to puzzle their 
brains over the signification of its context, and, 
when ascertained, wonder at mortal power in the 
nineteenth century. 



102 HISTORY OP SAN JOSfi 



CHAPTER VIII. 

1813—1813. 

Laws of 1812-1813, pertaining to PueWos. 

On tlie 23d of May, 1812, the Spanish Cortes 
passed a decree, touching the formation of consti- 
tutional Ayuntamientos (Town Councils).. After 
setting forth in the preamble that it was important 
to the welfare and tranquillity of families, and the 
prosperity of the nation that Ayuntamientos should 
be established as soon as practicable, in towns 
where it was proper they should be instituted, it 
decreed, among other things, as follows: 

First. — Every town which has no Common Coun- 
cil, and the population of which does not amount 
to one thousand souls, and wdiich, on account of 
the peculiar condition of its agriculture, industry, 
or population, requires a Common Council, it will 
make the same known to the Deputation of the 
Province, in order that by virtue of this informa- 
tion they may apply to the Government for the 
requisite permission. 

Second. — Towns that do not find themselves in 
this situation, should be united to the Ayuntami- 
entos to which they have hitherto belonged, as 
long as the improvement of their political condi- 
tion shall not require other measures, uniting 



AND SURROUNDINGS. 103 

those newly-formed to those nearest them in the 
province, or to those which have lost their juris- 
diction for want of population. Section third re- 
lates to elections. 

Fourth. — As it cannot fail to be proper that 
there shotdd exist, between the government of the 
towns and their inhabitants, such proportion as is 
compatible with good order and its better admin- 
istration, there shall be one Alcalde, two Regi- 
dores, and one Procurador-Syndico in all towns 
which do not have more than two hundred inhab- 
itants; one Alcalde, four Regidores, and one Pro- 
curador in thone the population of which exceeds 
two hundred, but does not exceed five hundred 
inhabitants; one Alcalde, six Regidores, and one 
Procurador in those which possess five hundred, 
but the population of which does not amount to 
one thousand inhabitants; two Alcaldes, eight 
Regidores, and two Procurador-Syndicos in towns 
having from one thousand to four thousand inhab- 
itants; and the number of Regidores will be aug- 
mented to twelve in those towns which have more 
than four thousand inhabitants. 

Fifth. — In the capitals of the Provinces there 
must be at least twelve Regidores, and should 
they possess more than ten thousand inhabitants 
their number will be sixteen. 

It will be observed that in towns of very small 
population, if the peculiar condition of its agricul-. 
ture, industry or population required an Ayunta- 



104 HISTORY OF SAN JOSfi 

mieiito, they could have one by making proper 
application therefor. That law has ever since 
been in force, except the change made as to the 
basis of population. The manner of organizing 
under it is the same. That decree was published 
by Rivera in 1835, as a law then in force in Mex- 
ico. Governor Figueroa stated in an official com- 
munication to Commandant Estudillo at San Fran- 
cisco, January 31st, 1835, that the law of the 23d 
of May, 1812, providing that each Pueblo should 
have an Ayuntamiento, was still in force, but that 
as to the election of officers, the law of the r2th 
of June, 1830, would govern. But the change 
made in the amount of population defeated Cali- 
fornia in having Ayuntamientos in any of her 
towns. The subsequent law was passed March 
20th, 1837.. It required all capitals of Depart- 
ments to have four thousand inhabitants, and 
interior towns to have eight thousand ; but 
towns that had an Ayuntamiento previous to 
1808 were entitled still to have them. Proba- 
bly, San Jose did not have any previous to that 
time, as in 1840 the Governor reported to the 
Departmental Assembly at Monterey, that no town 
had the requisite number of inhabitants, as was 
required by the Constitution, to be entitled to 
one. The fundamental principles of the govern- 
ment of Mexico became changed after its inde- 
pendence from Spain. 

The war of the Bonapartists against Spdin had 
created a debt, which became an immense burden. 



AND SURROUNDINGS. 105 

and every extreme was resorted to by the Spanish 
Government to relieve itself of the fiscal weight. 
A transfer of its domain to the subjects, in fee, 
was one course pursued. A decree of the Cortes 
was passed the 4th of January, 1813. pretending 
mainly, upon the face of its preamble, to be for 
the welfare of the Pueblos; but it was, in fact, 
issued to increase the royal revenue. The decree 
is as follows : 

"Section 1. All vacant lands or lands belono'ina: 
to the royal patrimony, and lands the revenue 
whereof goes to the use of the Pueblo govern- 
ments fpropios y arbitriosj, wooded or otherwise, 
as well in the Peninsula and adjacent islands as 
in the provinces heyond the sea, except the necessary 
suburbs (ejidos of the Pueblos), shall be reduced 
to private property; providing, however, that in 
disposing of lands the revenue whereof goes to the 
use of the Pueblo government, the yearly revenue 
derived therefrom shall be supplied by the most 
appropriate means to be proposed by the respec- 
tive provincial deputations and approved by the 
Cortes. 

"Sec. 2. In whatever manner these lands may 
be distributed, it shall be in fee-simple absolute 
and by metes and bounds facotadosj, so that their 
owners may inclose the same without prejudice 
to the various cross-roads, watering places for 
cattle fahrevaderos), and easements fservidwnhresj, 
and enjoy them freely and exclusively, and dedi- 



106 HISTORY OF SAN JOSfi 

cate them to any use and cultivation that they 
may think best; but th^y never shall entail them, 
nor transfer them at an}^ time, nor under any title 
to be held in mortmain. 

''Sec. 3. In the transfer of said lands, the resi- 
dents of the Pueblos within the limits whereof 
said lands may be, shall be preferred, and the com- 
moners of said Pueblos in the enjoyment of said 
•vacant land. 

" Sec. 6. Without prejudice to the foregoing pro- 
visions, one half of the vacant land and lands be- 
longing to the royal patrimony (realangas) of the 
monarchy, except the suburbs of the Pueblos (eji- 
dosj, is hereby reserved, to be in whole or in part, 
as may be deemed necessary, hypothecated for 
the payment of the national debt, preferring the 
payment of the claims against the nation which 
may be held by the citizens of the Pueblos to 
which the lands may belong; and, in the latter 
class, preferring such claims as proceed from any 
supplies furnished to the national armies, or war 
loans made by said residents since the first day of 
May, 1808. 

" Sec. 7. In selling on account of the Pueblo's 
debt, said one half of the vacant land and lands 
belonging to the royal patrimony, or the part 
which may be deemed necessary to hypothecate, 
the citizens of the respective Pueblos shall be pre- 
ferred in the purchase thereof, and the common- 
ers in the enjoyment of the aforesaid lands; and 



AND SURROUNDINGS. 107 

both shall be allowed to pay the full price of said 
lands with claims, duly liquidated, held by them 
on account of said supplies and loans, and in de- 
fault thereof, with any other legitimate national 
claim they may hold. 

" Sec. 8. There shall be comprised within said 
half of vacant land (baldios) and lands belonging 
to the royal patrimony (realengos), the portion 
already justly and legally sold in some of the 
provinces for the expenses of the present war. 

'^ Sec. 9. Out of the remainder of the vacant 
lands belonging to the royal patrimony, or lands 
the revenue whereof goes to the use of the Pueblo 
governments, there shall be given gratis, one lot 
of the best land for cultivation to each Captain, 
First, or Second Lieutenant, who, on account of 
old age, or having become an invalid in the mili- 
tary service, shall have been honorably discharged 
from the service, be they either citizens or foreign- 
ers, provided that in the districts of their resi- 
dence there should be any of this class of lands. 

" Sec. 10. Tlie lots to be granted in each Pueblo 
to the officers or soldiers, shall be equal in value, 
proportionate to the extent and quality of the 
same, and larger in some districts, and smaller in 
others, according to the circumstances of the 
same, and the greater or less extension of the 
lands; providing, however, if possible, that each 
lot may be such that if reasonably cultivated, it 
shall suffice to the support of an individual. 



108 HISTiDRY OF SAN JOSt 

'' Sec. 11. These lots shall be designated by the 
Constitutional Ayuntamientos (Common Councils) 
of the respective Pueblos to which the lands may 
belong, as soon as the interested parties present 
before them the documents proving their good 
performance in, and honorable discharge from, 
the service ; and above all, the statements of Pro- 
curados Sindicos (District- Attorneys), shall be 
heard summarily and officially, without exacting 
fees, or reward of any kind. The proceedings 
shall be immediately sent to the Territorial Depu- 
tation, that it may approve it, and correct^ any 
error, 

" Sec. 12. The granting of these suertes (lots) 
which shall be denominated patriotic rewards, 
shall not at present be extended to any other indi- 
vidual, except those now serving, or who may 
have served in the present war, or in the pacifica- 
tion of the actual revolts in some of the provinces 
beyond the sea. But it comprises the Captains, 
First and Second Lieutenants, and rank and file, 
who, having served in either, may have been hon- 
orably discharged, having a genuine discharge for 
having been disabled on the battle-field, and not 
otherwise. 

" Sec. 13. It also com*prises individuals not mili- 
tary, who, having served as guerrillas, or con- 
tributed in any other manner to the national 
defense in this war, or in the American revolts, 
have been, or may become, mutilated or disabled 
in consequence of any conflict in war. ^ 



AND SURROUNDINGS. 109 

'' Sec. 14. These favors shall be granted to the 
aforementioned parties, though they may, on ac- 
count of their services and brilliant exploits, enjoy 
other privileges. 

" Sec. 15. Out of the remainder of the vacant 
land, and lands belonging to the royal patrimony, 
there shall be segregated those most fit for culti- 
vation, and one lot fsuertej only, proportionate to 
the extent thereof, shall be given gratis, and by 
lotter}^, to every resident of the respective Pueblos, 
owning no other land, and who may apply'for the 
same, provided the whole amount of lands so seg- 
regated and distributed shall not exceed one fourth 
of said vacant land, and lands belonging to the 
royal patrimony; and if these should not be suffi- 
cient, the lot shall be given in the lands the 
revenue whereof goes to the use of the Pueblo 
governments, imposing upon the same a redeem- 
able tax (canon) equivalent to the revenue derived 
from the same for the five years next preceding 
the end of the year 1817, so that the municipal 
funds may not decrease. 

" Sec. 16. If any of those favored by the pre- 
ceding sections should fail to pay said tax (canon) 
for two consecutive years, if the lands belong to* 
the class the revenue whereof goes to the use of 
the Pueblo governments, or if he had it for his 
own benefit, it shall be given to a more industrious 
resident, having no land of his own. 



110 HISTORY OF SAN JOSfi 

" Sec. 17. All the proceedings for these grants 
sliall be made by the Common Councils (Ayunta- 
mientos), without any caste, and shall in like man- 
ner be approved by the Provincial Deputations. 

'' Sec. 18. All lots granted in accordance with 
sections 9, 10, 11, 12, 15, shall be in fee-simple 
absolute (plena propriedad) to the grantees and 
their successors, upon the terms and conditions 
expressed in section the second ; bujt the owners 
of these lots cannot dispose of them before four 
years Rave elapsed from the date of the grant; nor 
entail them, nor transfer them, at any time, under 
any title to be held in mortmain. 

'' Sec. 19. Any of the aforementioned grantees, 
or their successors, establishing upon the land 
granted his permanent habitation, shall be for the 
25eriod of eight years exempted from the payment 
of any tax or impost upon said land and the pro- 
duct thereof. 

'' Sec. 20. This decree shall be circulated, not 
only throughout the Pueblos of the monarchy, 
but also throughout the national armies, it being 
everywhere published, so that it may come to the 
notice of all individuals composing the same." 

We see in section 6 the exception to the ejidos, 
showing how careful the government was not in 
any way to encumber the solares or building lots. 

It is further proof that suertes were not allowed 
to be given within the limits of the ejidos. 



AND SURROUNDINGS. Ill 

I have not been able to ascertain whether 
any proceedings were had under the foregoing de- 
cree in San Jose. But, as it was in force in the 
provinces beyond the sea, the Pueblo and the 
subjects here were within the purview of its 
provisions. 



112 HISTORY OF SAN JOSfi 



CHAPTER IX. 

1814-1836. 

Gilroy. — First Foreign Settler. — Livermore. — Suiiol. — Commerce in 
Grain, Hides and Tallow. — Food. — >Eartliqualve. — Change of Im- 
perial to Republican Government. — William "Willis. — Colonization 
Law. — Poijnlation, 1831. — Settlers in 1833. — Law of California 
Deputation, 1834. — Petition of Eancheros to Change Jurisdiction. — 
Revolution, 1836. — Gov. Alvarado. 

The incidents of history are so few, for more 
than a score of years, I shall have but a small 
number of events to relate, until I reach that 
period when the influx of foreigners was so great 
as to change the whole aspect of this sparsely set- 
tled territory. I shall sliake the sheaf of lime, out 
of which a few grains of history may fall. 

The first foreigner who came into this valley 
that we know anything of, was John Gilroy, a 
Scotchman. He landed at Monterey, in 1814, 
from an English ship, which belonged to the Hud- 
son Bay Company. He had the scurvy badly, and 
was left on shore to be cured. He was the first 
permanent foreign settler in California. He soon 
came to this valley after he became well. San 
Jose then had only about twenty houses. Gilroy 
finally settled on a ranch, near, or at the town 
now bearing his name, about thirty miles south of 
San Jose. Although he became rich in land and 
live-stock, his improvident manner caused his 



AND SURROUNDINGS. 113 

wealth to glide gradual!}^ away from him, until he 
was actually left penniless. He died the 26th 
day of July, 1869, about seventy-seven years of 
age. 

Robert Livermore came to this town in 1816. 
He remained but a short time here, when he went 
to the valley named after him, some twenty miles 
northeast from San Jose. He died in 1857, aged 
about sixty years. He married into the Higuerra 
family, became wealthy, and left to his heirs a 
large estate. 

Antonio M. Suiiol arrived at Monterey in 1818, 
and I understand, came to this valley that year. 
He was an intelligent and refined gentleman, had 
been somewhat adventurous. He was born at 
Barcelona, Spain; but he became attached to the 
French people, and their goA^rnment, and served 
in their navy. He was present when Napoleon 
the First surrendered as a prisoner, before his exile 
to St. Helena. Mr. Sunol was a generous, kind- 
hearted, affable genljeman, respected by all who 
knew him. He died at his residence in San Jose, 
March 18th, 1865, aged sixty-nine, leaving a large 
estate to be distributed among his heirs. 

Before the year 1820, the business of the valley, 
or of the country, was of scared)^ any importance. 
The manner of living was primitive. There was 
not a vehicle that had wheels with spokes- in 
them in the country. There was no sawed tim- 
ber; that used for building was hewn with axes 



Ill HISTORY OF SAN JOSfi 

by the Indians. There was not a house willi a 
stove or fire-phxce in it; and in fact, never was, 
until the Americans came here in 1846. 

The transactions in tallow and hides began to be 
of some interest about 1820. The American 
traders then occasionally appeared. The only 
mechanics were Indians, many of whom had been 
taught at the Mission to perform various kinds of 
mechanical labor. There was not a flour mill in 
the country.* All the grain used in the way of 
breadstuffs, was ground in stone mortars, called 
metates. Boiled wheat, maize, beans, beef and a 
few vegetables, together with fruits in the season 
thereof, constituted their chief articles of pro- 
visions. A main item of vegetable was the 
Chili Colorado, red peppers. They seasoned their 
food highly with tliie ; or rather, they used so 
much of it, that I would be inclined to say that 
they seasoned the Chili Colorado with the other 
articles. Never did the Californians set a table 
without /ryo/es (beans). The^ would have as soon 
thought of eating without anything to drink. 

The earthquake that occurred in 1822, was not 
so severe as has been related. It did not destroy 
-the church at Santa Clara. It shook it very hard 
and injured the walls, but they did not fall. In 
San Jose, there was no important building to be 
affected by it. The houses were principally of 
one story, and of adobe. 



AND SURROUNDINGfS. 115 

Mexico passed out from under the sceptre of the 
Spanish throne in 1821, and after a provisional 
government, under a regency, for several months, 
the National Congress, at an extraordinary session, 
held May 19th, 1822, elected as Constitutional 
Emperor of the Mexican Empire, Seiior Don Au- 
gustin Iturbide, under the title of August I. They 
provided that he should take the oath of office be- 
fore that body on the 21st of the sajne month, 
which he did. He reigned but a brief period, and 
his life illustrates the old proverb, that " Uneasy 
lies the head that wears a crown." His course 
enraged the legislative body, and he was forced 
to abdicate in the following year, and to leave the 
country. He soon returned, and lost thereby his 
head as well as his crown; both were buried, but 
not in the same grave. 

The news of his abdication and death having 
reached California, produced no little surprise at 
Monterey, but no political disturbance. The In- 
dians at San Diego, after listening to the news, 
were somewhat astonished. They began to medi- 
tate about their own condition and their Chief's 
conduct. They were not at all pleased with their 
Captain. So they held a great feast, and, when 
assembled, thought they would follow the exam- 
ple of the gente de razon (civilized people), con- 
cluding that it must of course be right. They 
caught their Captain, tied him, and burnt him alive. 
They continued their grand pow-wow for eight 



116 HIS^rORY OF SAN JOSfi 

days. When rebuked by one of the priests for 
havmg acted so brutally, they replied: "Have you 
not done the same in Mexico? You say your 
King was not good. Well, our Captain was not 
good, and we burned him; and if the new one 
shall be bad, we will burn him, too." 

The Indians in this valley made no demonstra- 
tion on hearing of the news. There were so many 
of them under the care of the missionaries, who 
treated them kindly, that they were disposed to 
obey. And this fact had great influence over the 
unchristianized ones. And further, there were 
strict orders from the government officers, to avoid 
all difficulties with the natives ; and to settle, if 
possible, all misunderstandings and troubles with 
them by compromise. During the reign of Itur- 
bide, a system of laws for colonization was decreed 
on the 11th of April, 1823, but was soon repealed; 
and it is generally believed that no grants in 
Upper California were made under its provisions. 

In 1824, the Kepublic of Mexico formed a 
federal constitution, copied principally after tha^ 
of the United States. It provided for a Supreme 
Court, Circuit and District Courts, for the federal 
government. Leaving in the different States, the 
judiciary to be formed according to State authority; 
which was, as theretofore, divided into Courts, of 
First, Second, and Third Instance ; and which 
courts we shall hereinafter more definitely define. 
On the 18th day of August, 1821, the Mexican 



AND SURROUNDINGS. 117 

Congress passed a decree for the colonization of 
the territories. 

An incidence occurred in 1828, with an English- 
man, William Willis, a resident of Stn Jose, which 
is not altogether without interest. He solicited 
the Government to grant him a place, or tract of 
land, called Laguna de los Bolbones, which was 
denied him. The following decree was made on 
his petition. " Port of San Diego, June 7th, 1828. 
Inasmuch as there are in the Pueblo of San 
Jose de Guadalupe, lands sufficient on which the 
petitioner can maintain his flocks and herds, m 
accordance with the late Bando, (proclamation), 
published in relation to the matter, the place 
petitioned for cannot be granted." Willis, con- 
sidled that by playing it sharply, he would be 
able to succeed, in spite of the Governor's man- 
date, to obtain the land. He therefore appeared 
before the commandant, at the Presidio of Sin 
Francisco, and stated that the place solicited was 
within the jurisdiction of the said commandant. 
He asked for the concession ad anterim; and on , 
.the 28th of August, obtained it. The Governor 
heard of the transaction, and on the 6th of 
November, sent an order to Lieut. Don Ygnacio 
Martinez, the aforesaid commandant, requiring him 
to cause said William Willis to appear before him, 
and to fine him fifty dollars. The commandant 
was distinctly informed that he possessed no power 
to .grant lands. A lawyer would be inclined to 



118 HISTORY OF SAN JOSfi 

consider it the play of diamond cut diamond ; and 
would be at some loss to know how an executive 
officer under a republican form of government, 
would find ]?ower to act judicially, and fine a 
citizen to pay a given sura. It is not strange to 
one versed in Mexican affairs. I must add, how- 
ever, that a law did exist, giving Gov^ernors power 
to impose fines. But the question is, where did 
the legislative body derive its power to enact such 
a law, under a constitution that vests the powers 
of government in three distinct branches, the 
executive, legislative, and judicial, and debarring 
each other from encroaching upon the powers of 
the otliers. 

On the 21st of November, 1828, the Mexican 
Government passed a new colonization law, wh^ein 
they declared a house-lot should be one hundred 
varas square. This law defined and regulated the 
decree passed August 18th, 1824. 

Up to December, 1828, there had been eight 
thousand two hundred and seventy-nine baptisms; 
two thousand three hundred and seventy-six mar- 
riao-es; and six thousand four hundred and eight 
deaths, recorded at the mission of Santa Clara, 
which included those of San Jose, for reasons 
already mentioned. 

In 1831, San Jose contained one hundred and 
sixty-six men, one hundred and forty-five women, 
one hundred and three boys, and one hundred and 
ten girls — total, five hundred and twenty-four. 



AND SURROUNDINGS. • 119 

The crops that year amounted to one thousand 
six hundred and fifty-seven fanegas (about two 
bushels) of wheat; one thousand five hundred and 
sixty fanegas of corn, one hundl-ed and ninety- 
one fanegas of beans — total, three thousand four 
hundred and eight fanegas. The stock numbered 
four thousand four hundred and forty-three head 
of black cattle, two thousand three hundred and 
eighty-six horses, and one hundred and thirty-four 
mules; making a total of six thousand nine hun- 
dred and sixty-three head. 'The average price of 
a mule or saddle horse, was ten dollars ; a fat ox 
or cow. five dollars; and of a sheep, two dollars. 

Although the chief business of the inhabitants 
was the raising of cattle for their hides and tallow, 
and for which they found a ready market after 
about 1820, yet their crops of wheat were of no 
mean importance. It sold readily at three dollars a 
fanega. Their principal purchasers of grain were 
the Russian-American Fur Compan}^, that estab- 
lished themselves in the year 1812, without per- 
mission from Spain, about sixty miles north of San 
Francisco, on the bay- of Bodega; and who, a few 
years subsequent, made another settlement thirty 
miles farther north, called Ross, which place they 
occupied till 1841, when they sold out to Captain 
Sutter. 

After the year 1 822, the American and Russian 
vessels supplied the inhabitants with the major 
part of the necessaries of life which they themselves 
did not produce. 



120 HISTORY OF SAN JOSfi 

After tbe year 1830, the foreigners began to 
increase in number. About that time came John 
Burton, who, by being Alcalde in 1847, cut some 
figure in the history of the Pueblo. In 1830, the 
whole number of foreigners in California was .esti- 
mated at about seventy. Burton married a native 
in 1831. One or two children by that marriage 
are now living near Stockton. 

Harry Bee left London, England, on the 7th day 
of January, 1827, and arrived in company with 
Dr. Douglass, a botanist, the following October, 
at Monterey. He was long in the employ of the 
Hudson Bay Company. He came to San Jose in 
1833. 

William Gulnac was born in Hudson City, N.Y., 
August 4th, 1801. He learned the blacksmith's 
trade. While young, he had a fancy for the. sea, 
which he gratified by sailing around the Horn, in 
1819, in.^which year he settled in Lower California. 
He there married Miss Maria Isabel de Cesefia, in 
1825. He came to this valley in 1833. For quite 
a period, he was mayordomo at the Mission of San 
Jose. He died in this valley July 12th, 1851, 
leaving a family of several children. 

James Alex. Forbes and James Weeks came 
here in 1833; Forbes became Acting British Con- 
sul within a few years after. Thomas Doak, 
William Welch, Nicholas Dodera, Matthew Falon, 
William Smith, Ephriam Fravel, Thomas Pepper, 
and an American called "Bill" were all here in 



AND SURROUNDINGS. . 121 

1833. At Gilroy's in that year were John Mul- 
igen, and a watch-maker whose name is unknown. 
In 1834, Thos. Bowen, Wm. Daily and Geo. Fur- 
gerson came. The foregoing are the names of 
about 9,11 the foreigners in this valley at the periods 
mentioned. 

The following is an extract of tlie law governin'g 
Pueblos, passed by the Territorial Deputation of 
California, August 6th, 1834 : 

''Article 1. The Ayuntamientos will make ap- 
plication through the ordinary channels, requesting 
lands to be assigned to each Pueblo for ejidos 
(commons), and j^^'ojnos (municipal lands). 

" Art 2. The .lands assigned to each Pueblo for 
proprios shall be subdivided into middle-sized and 
small portions, and may be rented out, or given 
at public auction, subject to an emphyteunic rent or 
tax, en senso enfiteutico. The present possessors of 
lands belonging to the propios will pay an annual 
tax, to be imposed by the Ayuntamiento, the 
opinion of three intelligent men of honor being first 
taken. 

" Art. 3. For the grant of a house-lot for build- 
ing on, the parties interested shall pay six dollars, 
and two reaves for each lot of one hundred varas 
square, and in the same manner for a larger or 
smaller quantity, at the rate of two reales foi*each 
vara front." 

Slow, indeed, was the growth of the Pueblo; for 
in 1835, after an existence of more than half a 



122 HISTORY OF SAN JOSfi 

century, the houses and huts, all told, scarcely 
numbered forty ; and not more than a dozen were 
good adobe structures. Among them was a rude 
adobe building, with a tule roof, used as a church, 
and for such was it built, partially adorned with 
pictures of saints and biblical scenes. Service here 
was not regular, but only when ordered by the 
priest at Santa Clara. 

In the year last mentioned, the present Catholic 
Church, now encased in brick, was built, on the 
very spot where the old one stood. It was erected 
under the supervision of the Alcalde, Don Antonio 
M. Pico, assisted by Don Antonio Suilol, and also 
by the advice of the Ayuntamiento. This muni- 
cipal body was then composed of four persons, 
namely, one Alcalde, two Regidores, and one Sin- 
dico. This church stood as then built until the 
year 1858, when it was encased in brick, adorned 
with two towers and other embellishments. 

On the 30th of May, 1835, thirty citizens, desig- 
nating themselves as of the ranchos of the north, 
that is, of San Antonio, San Pablo, and adjacent 
places, petitioned the Governor to be exempt from 
belonging to the jurisdiction of San Francisco, on 
account of the long distance they were compelled to 
travel to reach the judicial tribunals. They prayed 
that^hey miglit be attached to the jurisdiction of 
San Jose Guadalupe. Governor Castro referred the 
same for consideration to the Departmental Depu- 



AND SUEROUNDINGS. 123 

tion. That body referred the same to the Com- 
mittee on Government, which reported that the 
matter ought to be laid before the Ayuntamientos 
of San Francisco and San Jose. The Governor so 
ordered it. The Ayuntamiento of San Jose, on 
the fourth of November, 1835, reported to fiis 
Excellency that, in their opinion, the prayer of 
the petitioners should be granted. The Ayunta- 
miento of San FranciiDo, on the 20Lh of the follow- 
ing December, made a lengthy report thereon, 
wherein they declared that in their judgment the 
reasons assigned by the petitioners, were frivolous. 
Thus ended the matter. 

During the revolution of 1836, nothing of in- 
terest transpired in San Jose. Some few citizens 
left the Pueblo to join the respective factions. 
The scene of action was, principally, at Monterey, 
and farther south. That year changed its execu- 
tive officer, as frequently as its seasons. It had 
four Governors. The chronic disease of Mexico, 
revolution, had reached a high fever. It seemed 
for awhile incurable. The last Governor, Alva- 
rado, came in like a narcotic dose to the body 
.politic, allaying the morbid susceptibilities; quiet 
was restored, and peace reigned for several years. 
He held the gubernatorial office until December, 
1842. He was anxious to connect his name with 
the Pueblo of San Jose; for he insisted for a while, 
in leaving off the name of the patron saint of 



124 HISTORY OF SAN JOSfi 

Mexico, " Guadalupe," and designating the Pueblo 
" San Jose de Alvarado." "We are left in doubt, 
whether his egotism caused him to imagine that 
his name would add lustre to San Jose, or that the 
latter would embellish his own. 



AND SURROUNDINGS. 125 



C H A J* T E R X. 

« 

ISSr— 1838. 

Applications for Grilnts. — Commission Appointed to Survej' Pueblo. — 
Survey Made. — Report thereof to Ayuntamientos. — No Action of 
Government thereon. 

In the year 1837, applications had been made to 
the government for grants of land, which, in the 
opinion of the citizens of San Jose, were embraced 
within the limits of the Pueblo, and known as the 
Commons (Ejidos). Believing that such grants 
would be in derogation of the rights of the citizens, 
a petition was presented to the Ayuntamiento, 
December 21st, 1837, signed by Manuel Pinto, 
Jose Maria Flores, Leander Rochin, Luis Chabolla, 
Jose Antonio Sepulveda, Domingo Mesa, Jose 
Hernandez, Anistacio Alviso, and Jose Romera, 
wherein they declared that they appeared in the 
name of the whoje population, to request the sus- 
pension of any act of possession of said lands, 
until the regulations were complied with, which 
require a plan of the circumjacent lands belonging 
to the Pueblo, to be made. And they further 
alleged that before any land should be granted, 
the Pueblo ought to be heard in the premises, in 
order that it might be first decided whether the 
Mission or Pueblo would be injured thereby; and 
that in the present instance, if the grants should 
m 



126 HISTORY OF SAN JOSfi 

be made before the Commons (Ejidos), were 
clearly designated and marked out, the injury that 
would arise therefrom, was most apparent They, 
therefore, prayed that their petition might be re- 
, ferred to the Governor. 

Two days subsequent thereto, a communication 
was issued out of the Court of First Instance, signed 
by Juan Avires, at Sao Jose, directed to the Pro- 
visional Governor and transmitted to him with the 
following petition: Avires recommended, in con- 
sideration of the fact that the manner in which 
such matters were sometimes managed by the 
people, caused disputes to arise as to the rights of 
the property, that a tract of land be marked off 
for the common use of the inhabitants of the 
Pueblo, that the tax, (pago a canon), resulting 
therefrom would be highly beneficial. He likewise 
solicited the Governor to say what the limits of 
the Ejidos should be; observing at the same time 
that it was necessary to know the boundaries of 
,the Pueblo, and then the Pueblo could proceed to 
give possession in accordance therewith. 

The following day his Excellency replied that in 
consideration of the petition, the official commu- 
nication of the Alcalde, recommending the mat- 
ters contained therein, and that it was one of the 
functions of said Court to propose to the govern- 
ment everything relative to the formation of muni- 
cipal regulations, (and from which proceeded the 
entire system of administration,) he returned the 



AND SURROUNDINGS. 127 

accompanying documents to be presented to the 
Ayuntamiento, authorizing that body to appoint a 
Commission of its own members or of other per- 
sons, to make a map or plan of the lands that 
were to be laid off as the legal endowment of the 
Pueblo (funds legal), first obtaining the proper 
information in regard to the neighboring estates, as 
to their distances, the names of the owners, the 
springs and groves contained therein. His Excel- 
lency further ordered that when these prescribed 
formalities had been complied with, the expediente 
(proceeding), should be returned for the decision 
of the government thereon. 

In pursuance of the order of the Governor, the 
Ayuntamiento took action again upon the matter 
and appointed Guillermo Castro, Cuillermo Gulnac 
and Salvio Pacheco, citizens of the Pueblo, as 
commissioners, who, being informed of their ap- 
pointment, accepted the office, when the following 
oath was required of them: " Do you swear to 
God, our Lord, to discharge the duties of the trust 
that has been conferred upon you by the public, 
giving conscientiously to each one that which law- 
fully belongs to him ; and, as far as you are con- 
cerned, using your best ability and knowledge until 
you succeed in having plainly marked out said 
lands, on which the inhabitants can and should 
subsist in peace and harmony ? " to which they 
solemnly replied in the affirmative. On the 20th 
of March, 1838, the proceedings of the Ayunta- 



128 HISTORY OF SAN JOSfi 

miento, .thereon w.ere signed by Dolores Paclieco, 
Alcalde, and the Commissioners. 

On the twenty-second of the same month, the 
Commissioners met in the house of the Ayunta- 
miento to consult as to the manner of proceeding. 
Don Salvio Pacheco moved that a secretary be ap- 
pointed to keep a record of the " interesting pro- 
ceedings," as he observed, whereupon, they ap- 
pointed the said Salvio Pacheco as such secretary, 
who took another oath to perform the special duty. 
Don Guillermo Castro moved that the proper 
boundaries of the Pueblo should be considered as 
identical with those which, in ancient times, were 
marked out by the colonists, and given b}^ the au- 
thorities of those days a shoi;t time after the. 
founding of the Pueblo, as appeared from docu- 
ments submitted to them. He remarked that it 
was well known that only on the nortliwest by west, 
and at the head waters of the Guadalupe north- 
west by west had there been monuments ; and for 
want of knowledge as to the landmarks at the 
other points of the compass, it appeared to be 
necessary to agree as to how many varas a sitio, 
(tract,) should properly be designated as lands, 
recognized as the reservations, (propios,) and com- 
mons, (ejidos), so that besides the cattle they then 
owned, and the arable land which they cultivated, 
they might add to the same and advance their 
prosperity; and that the Commissioners, without 
curtailing the extent then jembraced between the 



AND SURROUNDINGS. 129 

points marked out in olden times, or without 
grasping so much as to do injustice to any, might 
not fail to carefully guard against any want cf ac- 
commodation or conveniences for the raisins- of 
cattle, which had become important to trade and 
the subsistence of families. 

Don Guillermo Gulnac said that they ought to 
leave the question, of how many varas of land the 
Pueblo is entitled to, to the decision of the Gov- 
ernment; and that they should merely draw the 
map or surveys, in order to give with precision the 
lines and boundaries, recognizing, distinctly, the 
Arroyo de la Llagas as a well-known landmark. 

The meeting adjourned until the next day, when 
Don Guillermo Castro said, that in relation to re- 
cognizing so much land as was embraced up to the 
point of las Llagas, as had been proposed, there 
might be found some persons within those limits, 
who, having had the use of the land from the Ayun- 
tamientos, and who had subsequently obtained the 
said lands in proprietorship; and if so, it might 
not be proper to embrace such lands within the 
limits of such survey, as the said parties would 
claim the ownership thereof. 

Senor Pacheco observed that the right of own- 
ership or possession should be exercised according 
to law, and without prejudice to the rights of the 
Pueblo, as pointed out by the tenth article of the 
Colonization Law, and on the wull-knovvn princi- 
ples, that where there is a dejiouncement, or where 



130 HISTORY OF SAN JOSH 

a party makes a complaint, the possession from 
that time is null, and in those cases, the right of 
reclamation remains secure, as is also the case 
where any irregularities are committed at the time 
of making the grants. That if there were any pri- 
vate lands within the commons, belonghig to the 
Pueblo, they were subject to the custom of the 
community, that is, to pay a tax, (canon) and that 
even Pueblos themselves were subject to the laws; 
that the lands of timber, millstones, lime-kilns, 
etc., were necessary to be kept free for the public 
benefit. And that, after the survey, the govern- 
ment would decide as to private rights. Th'^ views 
of Pacheco were approved of by the commission. 
On the following day, Salvador Garcia and 
Tomas Pacheco were appointed as witnesses to ac- 
company the commissioners on the survey, and 
Isidro Cyvrian and Francisco Garcia as chain car- 
riers; all of whom were sworn to faithfully perform 
their respective duties. They then proceeded to 
the measurement of the vara. The witnesses stated 
that it was the Spanish rule, and that it was thirty- 
six inches.* The carriers measured off a chain of 
two hundred* varas, in order to proceed with the 
survey, according, as they alleged, to the Coloniza- 
tion law. All which was done in the presence of 
the witnesses and commissioners, and the said car- 
riers subscribed their names to the oath and the 

* The vara is within a small fraction of thirty-three and one third 
inches of English measure. ^ 



AND SURROUNDINGS. 131 

measurement of the vara. On the next day, 25th, 
the commissioners began tlieir work. They pro- 
ceeded to the east side of the Pueblo, and under a 
certain live-oak. known from ancient times as being 
on the dividing line. They ran the first line from 
northwest to northeast, which passed through the 
mountains which are called " Las Buellos," "Pala," 
''San Felipe," "Las Animas," and "Aguages delas 
Llagas." At each end of the line and in the cen- 
tre of the "Pala," they established landmarks of 
stone in a substantial manner. Thfey then ran 
from the first mentioned point on what was con- 
sidered the old boundary line from northeast-by- 
east to southwest-by-west, up to the Embarcndero, 
(landing at the bay), and to the last live-oak that 
was seen on the bank of the Gruadalupe river at its 
Embarcadero ; said line passing within four hun- 
.dred and ten varas of the house of Jose Higuerra, 
leaving the same outside of the survey, and which 
line measured two leagues eight hundred and 
seventy-three varas. The line on the south by the 
Arroyo de las Llagas being of the same length; and 
the east and west lines of the Pueblo measuring 
eleven and one half leagues. 

The commissioners then took the bearing from 
tlie source of the Guadulupe river to the Puerta 
de los Capitancillos, the- line running northwest- 
by-west, passing through a certain live-oak tree 
which was seen from the stand-point, and wdiich 
was on the elevation of the small hill covered with 



132 HISTORY OF SAN JOSfi 

cliimisal, which was formerly seen in the middle 
of the grove and oak woods. From the Arroyo de 
las Uvas they ran the hist line to the Puerta de 
los Capitancillos, which was west-northwest, and 
east-northeast. 

The- commissioners stated that when the lines 
were rmi in old times, the landmarks fixed to 
designate them were erroneously placed; that 
they were fomid to be within the limits of the 
Pueblo lands, and within the line on the northwest- 
by-west, which divides the lands of the Pueblo 
from those of the Santa Clara Mission. And they 
suggested that the said landmarks be moved to 
where they legitimately belonged, and to corre- 
spond with the aforesaid bearings. 

They made a report of their whole proceedings, 
which, together with their map, they transmitted 
to the Ayuntamiento for their consideration. 

There seems to be no action of the Governor on 
this report, nor any further proceeding whatever. 
The fact that the Governor reported to the Depart- 
mental Assembly, in 1840, that no Pueblo had its 
ejidos marked out, except Monterey, is conclusive 
that no final affirmative action was taken on this 
report of 1838. 



AND SURROUNDINGS. 133 



CHAPTER XI. 

184S-1846. 

Bickerings between Alvavado and Castro. — Arrival of Gov. Michel- 
torena from Mexico ; his Overthrow and Departure. — List of 
American and Foreign Settlers. — Fremont's Movements. — Pio 
Pico favors Annexation to England. — Bear Flag. — Castro's Pro- 
clamations. — Com. Sloat's Proclamation. — The Taking of San 
Jose by Capt. Fallon. — First U. S. Flag raised in the Valley. — 
Letters to Fallon from Capt. Montgomery. — Fallon's Departure. 

The insurrectionary spirit that had been quelled 
six years previous had, as yet, given no proof of 
any forcible demonstrations toward an outbreak. 
But the bickerings between two of the highest 
functionaries of the Department, Governor Alva- 
rado and General Yallejo, were anything but 
favorable to the maintenance of a perfect peace 
and tranquillity. Each had complained of the 
other to the general Government, and each had 
solicited the removal of the other from official 
position. It was not long before they received 
information, mingled with satisfaction and disap- 
pointment. The compound contained move of 
the latter ingredient than of the former. Upon 
the whole, it was decidedly distasteful. They 
learned in August, 1842, that General Michelto- 
rena had suddenly arrived in San Diego, vested 
with a two-fold power — that of civil and military 



134 HISTORY OF SAN JOSl^ 

Governor. This was more than either of the dis- 
contented parties had expected. Both were alike 
chagrined at their own respective displacement. 

The Californians had never harbored in their 
breasts any too much friendship or patriotic feel- 
ing for the general Government of Mexico. In 
fact, this same mifriendly spirit had existed, more 
or less, ever since the Mexican independence. The 
old settlers, who had served under the King of 
Spain, looked back with pride and pleasure to 
the days of regal sway. They would raise their 
hats at the mention of his Majesty's name. They 
would repeat, with emphasis: '^ When we served 
the King, we received our pay; when we served 
Mexico, it was not the same!" 

It was obvious to the two dissidents that their 
mutual antagonism had been productive of an ab- 
solute loss to both. They concluded, after all, 
that the animosity which each entertained for the 
other was far less than that which they both cher- 
ished for Mexico. The two resolved to become 
friendly, and by their united efforts, added to that 
of General Castro, to drive from the soil him they 
termed an usurper — General Micheltorena. The 
thre& declared California independent, and waged 
war on the foreign ruler sent from Mexico. Gen. 
Micheltorena took the field, to quell the insurrec- 
tion; he advanced within about twelve miles of 
San Jose, on the south ; but, learning that this part 
of the country was up in arms, and against him in 



AND SURROUNDINGS. 135 

spirit, he returned. The insurgents captured San 
Juan Bautista, while the same was in possession 
of Micheltorena's forces, in November, 1844. 

At last, Micheltorena was completely defeated, 
and forced to leave the country in an American 
vessel, which carried him to San Bias, in Februar}^, 
1845. The Departmental Assembly immediately 
voted Pio Pico Governor, and appointed Jose 
Castro, General. 

The first flour-mill in this valley was erected by 
Pedro Siiinsevain, in 1844, on the Guadalupe river. 

It will not be uninteresting to the reader to 
peruse the names of the early settlers in this 
valley; although I may not be able to give every 
one, yet the list will not be far from complete. 

As I have given the names of those who were 
herein 1833, I will continue the short list, includ- 
ing those who came as late as 1846, and there rest; 
inasmuch as a list of the great influx of population 
thereafter would not only be tedious, but would 
have a tendency to strip the list of the earlier ones 
of a share of its interest. The number was exceed- 
ingly small, until 1844; there were, probably, a 
few whose names I have not succeeded in obtain- 
ing. In 1838, Henry Woods and Lawrence 
Carmikell came. Charles Weber, Josiah Belden, 
Grove C. Cook, Peter Springer, William Wiggins, 
Henry Pitts, and James Rock came in 1841; they 
started with a party of about thirty. Peter 
Davidson came in 1843. Captain Weber was 



136 HISTORY OF SAN JOsfi 

one of the most active men in the country. lie 
took a promhient part here in the conflict between 
the United States and Mexican forces, and rendered 
the American party signal service. He is a man 
of great foresight, and by his indomitable energy 
has become very wealthy, and one of the most 
influential citizens of Stockton, where he now re- 
sides. 

Josial'i Belden came, like most other adven- 
turers, without money, but witb a good deal of 
industry. lie carried on the mercantile business 
here, in which, by close attention to his own 
afl^airs, he gradually accumulated wealth. He was 
honored with tlie office of Mayor of this city, at 
the first election under the charter. Although 
this city is his home, where he erected and now 
possesses an elegant mansion, surrounded by beau- 
tiful lawns, flowers, shrubs, and trees, yet the 
greater part of his time is spent in San Francisco, 
where a large part of his real estate is situated. 
Principally by his shrewd investments in real es- 
tate, he became, and is, one of the millionaires of 
the State. 

Grove C. Cook was an uneducated man, but 
possessed a great deal of native talent; with an 
education he would have ranked among the first. 
He was most generous in his nature, disposed to 
give a helping hand to all who solicited favors. He 
was full of wit, and few were in his company with- 
out being pleased with his manners and his anec- 



AND KIJKKOCNIHNOH. 1 'M 

doicH, lol(J ill :i, iiiomI, liumoroiiH .stylo. jMiiiiy '.wc 
th(? Hlori(\s ioM ;il. iJii.s day wlii'-Ji oy'ur'wKiUul vvilJi 
liiiii. Many iiarraJivcH of liis own artionH licr<! 
Iiavc l>r(>ii;j.|)l, loilli (•,oiiviil-;i\f! Iaii;.'lit,ci-. W'lial, 
(larly H(!lU<'r lias iiol/ lii-ard liiiii rclaM; how lie a|)- 
|)('arc(| uH aMonicy lor h^'V-ijiI Mfjxifa.ii.s tifCor'; IIk; 
AlcaMc ('oiirl, y 7\ii'l liovv li'* j/ravdy loM lli*; 
Alcal(l<', on oii<! occ/.iKion, wlicn a, Mexican u'a,H 
(•Jiai';i,c'l wiili .slcarniM' a, liorsc, thai, I he pri-on'T 
WJiHoiily ill run, a,ii(l tliai h*; wonhl hriii^; hack iJio 
horh(( when h'- ha,(J j^oUtMi Ihroiijjii vvilh hiiri ; anfj 
howlh'! Ah:al(h! helicvcd il, and di-ehar^r'-d Ihr; 
|»iison''r. lie would ^jravcly l,cll ahoni, th'; ciiuWici, 
oC.lannary 2d, I-SIT, ii(;;ir Sa,nia, ( 'hi.ra,. IIowUh; • 
1 wo roi-(;(;M, nol, h('iii;i; ovtr a, iiiih'. aparl, lra,V(;h;d 
Jill da,y to reach f;a,".h otlfc, aiKJ did not, Huccocd. 
('ook !((•(•,, iiiie wea.llhy, hill, his Ki'ncr'o:-;it,y ovcr- 
halanecd lii,-i jiid;_'iii(;iil,: In; Hi;^n<;d too niiioli a,(;- 
coiniiio*JatJoM paper, a,iid Ik; di(;d po(jr in .Sa,nla 
(jrir/, in l^'ehriiary, 1852. 

hi till; Mpriii;^ of IHH, ''.arri'; Thoiiia,M I'allon ; 
Jiiliin .Martin and laniily-, Thomas .1. Shaddr-n 
and la,iiiily; .Mr. Iiciinctt, and family. The wive.s 
of th<; thic'c latvtcr g(;nt,h;rn(;n were; fJii; firMi, Ani(;ri- 
caji ladi(;H in this country. The lollovviiig named 

pcrsotiH a,rrivf;d latz-r in IHH: (y'apt. »Sf.(3- 

])li(!ii,s; i)r. .loliii Townseiid and wile; jMohoh Schai- 
lenhi-rt/er (hiother of Mr.s. Tovvnsf;rid) ; Allen 
Monl».^oMiery and vvih;; Martin Murphy, Sr., vvih,', 
five HOUB and two daughter.s, aa IbllowH: Martin, 



138 HISTORY OF SAN JOSfi 

his wife and four children , James, his wife and one 
child ^ Bryant, John, Daniel, Ellen, (now Mrs. 
Charles Weber) ; and Mrs. Jas. Miller; Jas. Miller, 

Mathew Harlin, Calvin, Jos. Foster, John 

Sullivan, Michael Sullivan, Miss Sullivan, Oliver 
Magnet, Hitchcock and family; Patrick Mar- 
tin, Sr., and twos ons, Dennis and Patrick; all of 
whom, except Mr. Schallenberger, reached the set- 
tlement near Sutter's, about the 11th of Novem- 
ber; and shortly thereafter, came to this valley. 
Mr. Schallenberger remained on the site now 
knownas the town of Truckee, until spring, when 
he also came to the valley. Thomas Hudson and 
John Conness also came this year. 

The party just enumerated, are not all among 
the living. Death gathered some early; one he 
left until he becan^ie an octogenarian. Dr. Town- 
send and wife died of the cholera, in the fall of 
1850, leaving their son John, two years of age, 
with quite a fortune. This son, and his fortune, 
have been under the guidance of the uncle, Moses 
Schallenberger, who, by his uprightness, .energy, 
and good management, has created for himself an 
honorable position among men, a fortune for him- 
self, and turned over to his nephew at his majority, 
an estate that places him among the wealthiest 
young men of the State. 

Martin Murphy, Sr., his wife and children, were 
born in Ireland, and lived in the county of Wex- 
ford. In 1820 they removed to Canada, where 



AND SURROUNDINGS. 139 

they remained until 1840; but, believing in the 
principles of a republican government, and not 
unmindful of the more rapid progress of the United 
States, in every branch of industry and intellectual 
advancement over that of Canada, removed in the 
year 1840, to the State of Missouri, then consid- 
ered the far West. Having heard of the balmy 
climate and rich soil of the Pacific coast from the 
returned trappers and explorers, determined in 
1844, to attempt to reap the benefits of this far-off 
land, by making it their future residence; although 
a hazardous undertaking for a parent, at the ad- 
vanced age of the father of that little band. He 
was a man in good health, of temperate habits, 
and of strong resolution. He and his family were 
successful in that long journey, and in the pursuits 
of life thereafter. He died on the 16th of March, 
1865, at the advanced age of eighty. During his 
whole life he bore a most exemplary character. No 
man ever charged that he,knowingl3^ ever wronged 
another. He commanded the utmost respect of 
every person who knew him. His word fras of 
equal value' with his written obligation. He was 
industrious and economical; and he thus accumu- 
lated an ample fortune, which he left to his right- 
ful heirs. He left a numerous family, who, follow- 
ing the path of their, beloved parent, have made 
themselves highly respected, influential, and ex- 
ceedingly wealthy. It was the misfortune of his 
son Bryant to be upon the steamboat, Jenn}- Lind, 



1 10 IIISTOUY OV SAN JOSft 

ill 1853, wluMi tlu» boiler o\i>1(mKm1, whoroby he 
lost Ills life. 

This party was the lirsl. oiu^ thai .siUH'oedtMl in 
briiii;iiii;" over (lu> inounlaiiis any wai2;i)ns. ^Phoy 
i"(.\u'h(Ml hero with thirlcvMi. Otiuu's liail started 
witli many vohichvs, all o[' which tlioy were coni- 
])olhMl ti) abandon. Some others of this ]">arty, 
1 believe, are dead, and others scattered throngh- 
ont the Slate. 

In 18-1:5, Frank Lightstou came from Oregon, 
having crossed the plains in the party just men- 
•tioned. Also, in this year, canu^ Wni. O'Conner, 
Wm. F. Swasey, .hidge IMackburn, Jacob U. 
Snyder, (Jeo. ^icOongal, InMijamin LippiMicott, 
Volcv llagerty, \Vm. Iv. J>assham, J. W'ashbnrn, 
John Donbenbis, dames Stokes, and some others, 
whose names 1 have not obtained. 

In 18l(!, the following nanieil perst>ns ari-ived: 
Isaac Branham, wife, two sons, and two daughters; 
Charles AVhilti^ wife, and two sons; Zacliariah 
Jones, wife and live children — Margaret, Reuben; 
Sanuiel F., Lanra Jane and Clark; William Mc- 
Cutchan and wife; James F. Reed, wife, and four 
children — Virginia, Mattie, James and Thomas; 
Joseph Aram and family; Jacob D. lloppe and 
family; ^[r. King, William Daniels and family; 
(leorge Donner, his sister Mar.y, and cousin, Eliza 
l>onner, (now AFrs. S. 0. IbMighton:) Arthur 
Caldwell, wife, one son and three daughters; 
Joseph Stillwell, Thomas FoUner, Flam Brown, 



AND SURROUNDINGS. 141 

throe sons and one (lauglilcr; A. V. Joiios. wife 
and throe children; Andy Allen, two brothei'S, 
Tiiomas and William, and two sislers, Melissa and 

Rebecca; William Edgington, Walters, 

Jones, John Jones, Anderson Farle}'', Joseph 
House, Z. Rochon, James D. Curl, Jackson W. 
Jenkins, William Smith, Samuel Young and family, 
consisting of four daughters and three sons; 
Westly Hoover and wife, John W. Whistinan and 
wife, Wm. Horn and family, Edward Fyle and 
family, William Fisher and family, A. A, Hecox 
and family, R. F. Fcckham, Calvin Vincent, 
William Adams, Elisha Adams, Thomas Jones, 
Thomas West and four sons, (Thomas M., Fran- 
cis T., Geo. R.., and Wm. T.); William and Thomas 
Campbell, and their families; Feter Quivey and 
family, James Wilson, James Wilkes, Thomas Kell 

and family, Mr. Lard and family, Septimus 

R. Moultrie, Samuel (^. Broughton, John Snyder, 

Mr. Bonsol, Michael Mui'ry, })r. Isabel and 

wife, AVm. Tabor and family, John Aborn, Mr. 

Wambough, Alexander God(3y, Mr. 

Girard, Mr. Ross, Moses Fulma, Henry E. 

Koeger; Jepthe Osborn, and family of three sons 
and three daughters; Julius Hanks and family. 
The remaming biographical sketches that will be 
given of some of those in the foregoing list, will 
be found in the chapter on biographies. 

There were some others, whose names 1 have 
not succeeded in procuring. About the middle of 



142 ' HISTORY OF SAN JOSE 

November it was ascertained that some eighty 
women and children, twenty-five or more men, 
and half a dozen boys, nearly grown, were quar- 
tered at the Mission of Santa Clara. 

In March, 1846, Col. Fremont, at the head of a 
scientific exploring party, composed of sixty-two- 
men, among whom were Kit Carson and six Dela- 
ware Indians, reached the frontiers of California. 
He visited Gen. Castro, at Monterey, to solicit per- 
mission to pass unmolested through the country; 
assuring the General that his mission was a peace- 
ful one. The General granted the favor, seem- 
ingly cheerfully. Fremont, having re-supplied 
himself with the necessities of the march, pro- 
ceeded quietly on his way, intending to follow 
the San Joaquin Valley, on account of grass and 
water. He had advanced but a short distance, 
when he learned, much to his surprise, that Castro 
was up in arms, with a view of driving him from 
the country. Such a^ two-faced transaction was in- 
comprehensible to Fremont. But he saw the facts 
staring him in the face: and he prepared to meet his 
worst fate. He fortified himself, as best he could, 
with so small a force, on a high piece of ground 
called "Hawk's Peak," about thirty miles from 
Monterey. He saw the enemy hovering round for 
two days. He sent him word that if he were at- 
tacked, he should fiHit to the last. After about 
two days, Castro's force left. Fremont then struck 



AND SURROUNDINGS. 1.43 

camp, and proceeded on his way to Oregon, ac- 
cording to his original programme. 

The question of safety, with all the Americans 
in the country, Was becoming of vital importance. 
There was no time to be lost in the preparation for 
defense. In fact. Governor Pico had not failed to 
uncork the bottle of his wrath which had for some 
time been gathering against the Americans, He 
looked upon their increase with hatred. If this 
country were compelled to change sovereigns, he 
prefered the crown of England to the repul:>lic of 
the United States. In addressing the Depart- 
mental Assembly, in Why, of this year, in favor of 
annexation w^ith England, he observed: " We find 
ourselves threatened by hordes of Yankee immi- 
grants who have already begun to flock into our 
country, and whose progress we cannot arrest. 
Already have the wagons of that perfidious people 
scaled the almost inaccessible summits of the 
Sierra Nevada, crossed the entire continent and 
penetrated the fruitful valley of the Sacramento. 
What that astonishing people will next undertake, 
I cannot say; but in whatever enterprise they em- 
bark they will sure to be successful. Already 
these adventurous voyagers, spreading themselves 
far and wide over a country which seems to suit 
their tastes, are cultivating farms, establishing 
vineyards, erecting mills, sawing up lumber, and 
doing a thousand other things which seem natural 
to them." 



144 HISTORY OF SAN JOSfi 

The Americans, knowing their own comparative 
weakness, but relying on the arrivals of the ad- 
vancing immigration, their own valor and the su- 
periority of their race as combatants, resolved 
to raise an independent flag, and to declare 
California free and independent from Mexico. 
Finally, on the 14th day of June, at Sonoma, 
(called by the Indians Valley of the Moon,) they 
raised the standard to the breeze, known as the 
''Bear Flag." It was made of a piece of cotton 
sheeting, having painted thereon the likeness of a. 
grizzly bear, executed with a blacking-brush and 
a dish of berry juice. This news rapidly spread 
throughout the country, and both parties were 
actively engaged in preparing for the threatening 
conflict. Gen. Castro established his headquarters 
at Santa Clara ; and on .the 17th of June, after 
hearing of the taking of Sonoma, he issued the 
following proclamations : 

" The citizen Jose Castro, Lieutenant-Colonel of 
cavalry in the Mexican army, and acting General 
Commander of the department of California — 

" Fellow citizens :^The contemptible policy of 
the agents of the United States of Xorth America, 
in this Department, has induced a portion of ad- 
venturers, who, regardless of the rights of men, 
have daringly commenced an invasion, possessing 
themselves of the town of Sonoma, taking by sur- 
prise all that place, the military commander of 
that border. Colonel Don Mariano Guadalupe 



AND SURROUNDINGS. 145 

Vallejo, Lieutenant Colonel Don Victor Prudon, 
Captain Don Salvador A^allejo and Mr. Jacob P. 
Leese; — Fellow countrymen: the defense of our 
liberty, the true religion which our fathers pos- 
sessed, and our independence, call upon us to sac- 
rifice ourselves rather than lose these inestimable 
blessings; banish from your hearts all petty re- 
sentments, turn you and behold yourselves, these 
l^amilies, these innocent little ones which have un- 
fortunately fallen into the hands of our enemies, 
dragged from the bosoms of their fathers, who are 
prisoners among foreigners, and are calling upon 
us to succor them. There is still time for us to 
rise en masse, as irresistible as retributive. You 
need not doubt that Divine Providence will direct 
us in the way to glory. You should not vacillate 
because of the smallness of the garrison of the 
general headquarters, for he who will first sacrifice 
himself, will be your friend and fellow-citizen 

"Jose: Castro. 
'' Headquarters, Santa Clara, June 17th, 1846." 

" Citizen Jose Castro, Lieutenant-Colonel of 
artillery in the Mexican army, and acting General 
Commander of the Department of California ; — 

'' All foreigners residmg among us, occupied 
with their business, may rest assured of the. pro- 
tection of all the authorities of the Department, 
whilst they refrain entirely from all revolutionary 
movements. The General Commandancia under 

10 



1 lo 



lUSroU\ vM" SVN JOSl", 



i\\v i^haviiv will lun'or imhhvhmI with vij^iM' t\gi\ins( 
;in\ porsous, uoitlior will its nulhoriiy rosult iu 
u»vM"o wvM'vls wauliui:; |M'ooI' to v^upport il ; iK^'lniM- 
tiou shall bo takou, proves o\oruiOil. auvl iho liU- 
ortv and rii^hts (>t* tho lahorivMis. wliuh is o\ vm* 
oonwwoudablo. shall ho protootod. l.vM ihol'oiiuno 
i^t* war tako its ohauoi^ with thi^so uuj,>:ratot'ul iuvmi, 
who. wilh aru\s iu ihoir haiuls, havo anarko^l iho 
oouutrv. wiihnii roov>llootiui^" ihov woi'o iiv\ito«i 
hv tho lunlorsiiiwod with all tho inthilj^ouoo v^T 
whioh.hois so oharaoloristio. Tho iuhahitants of 
tho Popa^Hwont aro witnossos to tho truth ol' this. 
I havo uvUhing to t\\ir. u>v iluiv loa^ls uu^ iv> iloaih 
or to viotvnw. I aiu a Mv>\ioau vSoKlior. auvl I will 
bo tVoo and iuvlopoudout, in- I will s^hullv ilio t\M- 
tltoso iuostiuiahlo hlossiugs. 

'* lloavU\unriors. Saula Tiara, .'uuo IVlh, lSlv>.'* 

KrvMuont hoariitg that Tasiro waj^ aboui lo oross 
tho bay wiih l\vv> humhxni »uoi\. uiarohod t'vM* 
SouvMua. roarhiu^^' thoro J uuo 'J,">ih. But l\isU'o 
rou\ai»\o^l iu iho valloy ol* Jnui Joso, »u\til \\c oro- 
ooo^lod souih. 

Tapiaiu "TlivMuas KalUni. uow a rosiiionl ol' Sau 
Joso. thou v>t' Sauta Tru/,. haii raisovl a siuall I'oroo 
i^t* about twouty-two luou. to tight uuilor tho 
In^ar Khm\ Ho orossod tho Sauta Cru/. Mountaius, 
oaiuovlown iuio ihis valloy iu iho uiv;ht.auil haltod 
his t'oroo uo,u* tho rosivlouoo vM' (»rovo T. (.\H>k, 
abvMil ouo loai^uo svuilh ot' Sau .loso. llo llioro 



ANIJ HIIin«)l/NI)(NnH. M7 

Icii.llM'il ol' IIm- |»r<;;f||i:i', of ( JjuhI ro, \.\\r<'f llllfl'lr<Ml 
hIi'oii", III llic valley. r<)iiHi(|(!l'il);i; \\i',\,l uu <:i\^;\^<:- 

lllflil, Willi .(I'll ;i,|| ili;i(|<(j||i|J,<. (or<5<! HM ll<! |>OHH<'HM<m|, 

\t) Ih' nol, only <• ■. I rcnicly li!i'/;i,r(|oi(M, IhiI, (•riiiiiii;il, 
li'' r< II IcM-l'. iiilo ill'' iiioiiiil,;iiiiH, IM|(| <!li(',!i.ln|)('<l. 

( JiihUo vviiH Hiill lioMiii;'; Hjui(-;i, Cliu'a luid H;iji 
,\()hC'.. On Mic Till of July, (.'oiii. Slo:i,(- ruAHcl I Ik; 
IJ. S. i\.\y: ill M(.iil,<T<.y. On llic !nli, ll^nry I'ilU 
<;!i,mc li'liiiM' inlo Sm .Iohi', ji,-! beiircr ol' (liH|>;i,t<',)M!H 
IVoiM ( /omiiio'lor*' Sloii,(/ nJ, Monh'iwjy^ (o (i(Mi. ('iiH- 
l,t*(». The l;il,l<'f vviiM nioiiiilcij ill, llic Iicii<| of liJK iri<!ii, 
Mi<);:l, ol' wlioiii \\"i'<! nioniil,c(|j ;ui<l iil'lcr ojx'iiiii;', 
IIk' <lor,iiniciil, ;iii'l n,H<'.('i'l,)i,iniii;/; lli't Hijl;;;l/;i,n''(; of 
il,H (•.oiih'iilii, lie Im'oii;'IiI lii I iiicn inlo iincj Jn:-!t, in 
IVoiil, of lJi(! .) ii/m;i,(|oj on Mii,rk<;l, hU'c*^!, itii'l IImh 
<'>;«'l!iinM'(| ill II, IoimI voire, "Monl-erey in Ijiken Ijy 
iJie y\ ine|'i(!!UiH! " lie I lien lejuJ llie |»(oe,|jUfl!i,l-ioil 
ol' ( 'oninioiloiv! SloiiJ,, wlii''li vv;i,H in Hj»iUiiHli, ii,ii<l in 
!i.H lollovVii: 

''To l,(i(! lnli!i,l)il,ii.iil,H or(jii,liroitii;t,: 

"TIk! ('.(Milriil l-r(<o|)Ho(' M(!xie,o liaviii^f!OTnTnonc(M] 

llO:>l,ilil ieH !l,M;i,iliHt, lll<! llllil,<M| SUU/OH ol' A ineri*!;!,^ 

I»y invii'line; iln Icnil/ory, iukI jiM/iU-Juiipi; ilie IroopH 
of l,lie jj'iiiied Hl>}i,l0H, Hlti-l-ione'l on llie noilli i(|e 
of llie Ilio f«r;iii(|e^ ;i.ii«l vvilli :i. force ol" .seven 
l,lioii:'.iiii(| men, nii(i<!r Um; coninKind or(jcn. Aiinlii, 
vvliicli ;irniy wiih Lol-ully dcMvoycd, snid nJI iJieir 
iiilillery, l);i/^ji;ii,jjj(!, L'if!., c;i,|)l,iir(Ml on llic <'i;ji;lil li iind 
III nil) of j\jji,y IjihL, hy ii, I'orce ol" l,vveiil,y-l,|ir(!(; Jiiin- 
(lrc(| nicii, iiinler llic coiniiiiiii'l ol* (jIcii. Tiiylor, ;i,n(l 



148 HISTORY OF SAN JOSfi 

the city of Matamoras taken and occupied by the 
forces of the United States, and the two nations 
being actually at war by this transaction, I shall 
hoist the standard of the United States at Monte- 
rey, immediately, and shall carry it throughout 
California. 

" I declare to the inhabitants of California, that 
although I come in arms with a powerful force, I 
do not come among them as an enemy to Califor- 
nia; on the contrary, I come, as their best friend, as 
henceforth California will be a portion of the 
United States, and its peaceable inhabitants will 
enjoy the same rights and privileges they now en- 
joy, together with the privilege of choosing their 
own magistrates, and other officers for the adminis- 
tration of justice among themselves, and the same 
protection will be extended to them as to any other 
State in the Union. They will also enjoy a per- 
manent government, under which life, property, 
and the constitutional right and lawful security to 
worship the Creator in the way most congenial to 
each one's sense of duty, will be secured, which 
unfortunately, the central government of Mexico 
cannot afford them, destroyed as her resources are 
by internal factions and corrupt officers, who create 
constant revolutions to promote their own interest 
and oppress the people. Under the flag of the 
United States, California will be free from all such 
troubles and expenses ; consequently, the country 
will rapidly advance and improve both in agricul- 



AND SURROUNDINGS. 149 

ture and commerce; as, of course, the revenue laws 
will be the same in California as in all other parts 
of the United States, affording them all manufac- 
tures and produce of the United States, free of any 
duty, and all for foreign goods at one quarter the 
duty they now pay. A great increase in the value 
of real estate and the products of California may 
be anticipated. 

''With the great interest 'and kind feelings I 
know the Government and people of the United 
States possess toward the citizens of California, 
the country cannot but improve more rapidly than 
any other on the continent of America. 

"Such of the inhabitants, whether natives or 
foreigners, as may not be disposed to accept the 
high privileges of citizenship, and to live peace- 
ably under the Government of the United States, 
will be allowed time to dispose of their property, 
and to remove out of the country, if they choose, 
without any restriction ; or remain in it, observing 
strict neutrality. 

" With full confidence in the honor and inteo-- 
rity of the inhabitants of the country, I invite the 
Judges, Alcaldes, and other civil officers, to exe- 
cute their functions as heretofore, that the public 
tranquillity may not be disturbed, at least, until 
the Government of the Territory can be more defi- 
nitely arranged. 

"All persons holding titles to real estate, or in 
quiet possession of lands under color of right, shall 
have those titles guaranteed to them. 



150 HISTORY OF SAN JOSfi 

" All churches, and the property they contain, 
in possession of the clergy of California, shall con- 
tinue in the same right and possession they now 
enjoy. 

" All provisions and supplies of every kind fur- 
nished by the inhabitants for the use of the United 
States ships and soldiers, will be paid for at fair 
rates; and no private property will betaken for 
public use without just compensation at the mo- 
ment. ''John D. Sloat, 
'' Commander-in-Chief of the U. S. Xaval Force 
in the Pacific Ocean." 

After concluding the reading of the foregoing 
proclamation, Castro exclaimed to his men: "What 
can I do with a handful of men against the United 
States? I am going to Mexico! All you who 
wish to follow me, right-about-facej All that 
wish to remain, can go to their homes." Only a 
very small part of the force concluded to *liiik 
their fate with Castro's. He and his few followers 
left town that same day southward, bound for 
Mexico by land; and having that day taken Capt. 
Chas. M. Weber prisoner, while in his store at 
San Jose, carried him with his followers as far as 
Los Angeles, where he was released. 

Capt. Fallon was immediately informed of Cas- 
tro's movements; he broke camp, and having in- 
creased his force to about thirty- one, came into 
the town of San Jose on the 11th, took possession 
of the Juzgado (Court-house), arrested Pacheco, 



AND SURROUNDINGS. 151 

the Alcalde, and ordered him to surrender the 
keys of the archives, which Pacheco^did, rather 
reluctantly. Fallon assured him that neither he 
nor his family would be harmed. 

On the 1 3th, Fallon received a United States 
flag from Commodore Sloat, which he raised tliat 
day, on a pole about twent3^-rive feet high, which 
had been erected by the Mexicans before the 
Juzgado. Then, for the first time, did the valley 
breeze play with the Stars and Stripes! 

While in command at San Jose, Capt. Fallon 
received the two following letters from Capt. Mont- 
gomery, stationed at San Francisco: 

'' U. S. Ship Portsmouth^ 
" Yerba Buena. July 15th, 1846. 

" Sir : — I have just received your letter, with a 
cop3^ of Mr. Jas. Stokes' appointment as Justice 
of the Peace at the Pueblo; also, a dispatch from 
the Commander-in-Chief of the U. S. Naval Forces 
at Monterey, for which I thank you. By the 
bearer of them, I return a dispatch for Commodore 
Sloat, which I hope you will have an opportunity 
of forwarding to Monterey. 

'' I received your letter of July 12th, and wrote 
to you by the bearer of it on the 13th, in answer, 
advising you by all means to hoist the flag of the 
United States at the Pueblo of St. Joseph, as 3^ou 
expressed to do, if you had sufficient force to main- 
tain it there ; of course, you will understand that 
it is not again to be hauled down. * ^' ''" * 



152 HISTORY OF SAN JOSE 

" Agreeable to your request, I send you a pro- 
clamation of the Commander-in-Chief, in both 
languages, which I shall be glad to have distrib- 
uted as far, and generally as possible; and be 
jDleased to assure all persons of the most perfect 
security from injuries to their persons and prop- 
erty, and endeavor, by every means in your power, 
to inspire them with confidence in the existing 
authorities and government of the United States. 

" I am, Sir, respect'y, your ob't svt., 
" Jno. B. Montgomery, Commanding U. S. Ship 

Portsmouth. To Capt. Thos. Fallon, Pueblo of 

St. Joseph, Upper California." 

"U. S. Ship Portsmouth. 
"Yerba Buena, July 16th, 1846. 

"Sir: — I have just received your letter, with the 
of&cial dispatch from Commodore Sloat, which 
had been accidently delayed one day in its trans- 
mission from Pueblo, and am much obliged to you 
for sending it to me. 

"I am gratified to hear that you have hoisted 
the flag of our country, and cannot but feel as- 
sured, as I ceptainly hope, that your zealous regard 
for its honor and glory will lead you nobly to 
defend it there. 

'' I am, Sir,- your ob't svt., 

"Jno. B. Montgomery, Commander. 
" To Capt. Thos. Fallon, at the Pueblo, San Jose, 

Upper California." 



AND SURROUNDINGS. 153 

Captain Fremont, on the twelfth of July, 
moved from his. post on the Sacramento for the 
south, soon reaching San Juan, where he met 
Purser Fauntleroy with a company of dragoons, 
composed of sailors and volunteers. The next 
'day after their arrival the two commands marched 
into Monterey. 

Captain Fallon, having heard of Fremont's move- 
ments donvn the San Joaquin valley, prepared to 
meet him, which he did at San Juan Mission. 
Before he left San Jose, he delivered the keys of 
the archives to Mr. James Stocks, who had been 
appointed magistrate. At Monterey, Fallon's com- 
pany was disbanded, and he himself joined Fre- 
»mont's party, which immediately sailed in the 
Cyane, for San Diego, to cut off Castro in his re- 
treat to Mexico. The latter had, in the mean 
time, united with Pio Pico at Santa Barbara, mak- 
ing a joint force of six hundred. This force of 
the enemy marched for Los Angeles, reaching that 
point in the fore part of August. 



154 HISTORY OF SAN JOSfi 



CHAPTER XII. 

1846— 4r. 

Arrival of Force under Purser Watmough. — Weber and Aram form 
companies. — Arrival of Lieutenant Pinckney's command. — Prison- 
ers taken by the enemy. — Demand of a surrenfler of San Jose. — 
Refusal thereof. — Bartlett delivered to English Cbnsul by the 
enemy. — Movements of U. S. forces. — Battle, American victory. — 
Armistice. — Surrender of the enemy. — Their loss. 

Soon after the departure of Captain Fallon, Pur- 
ser Watmough, of the U. S. sloop-of-war Ports- 
mouth, came to the Pueblo with' a body of about 
thirty-five marines. While here, some addition was 
made to his number by volunteers. 

During the year 1816, the Indians of San Joa- 
quin valley had been somewhat troublesome. Even 
as early as April, the inhabitants had appealed to 
the Departmental Assembly for assistance. These 
Indians made frequent depredations among the 
stock; they would sometimes rally in a force of 
over a hundred. In August, Watmough, with 
about thirty of the marines, accompanied with as 
many more volunteers, pushed over the mountains, 
met a body of over a hundred Indians, attacked 
and drove them toward the San Joaquin valley, 
where they remained. While here, he occupied 
the Juzgado, (Ayuntamiento building and Court 
House.) His command left in October. 



AND SURROUNDINGS. 155 

In this month, commander Hull, of the U. S. 
sloop-of-war Warre7i, and as commander of the 
Northern District of California, commissioned 
Charles M. Weber a Captain, and John M. Murphy 
a Lieutenant, in the land service for the war. They 
raised a company of thirty-three men, and estab- 
lished their headquarters in the adobe building now- 
standing in the rear of Frank Lightstone's resi- 
dence, on Santa Clara street. This company acted 
as scouts, and scoured the country in every direc- 
tion in pursuit of the enemy. 

During this same month, quite a number of 
American immigrants reached Sutter's fort. They 
were immediately visited by Captain Swift, of 
Fremont's battalion, who was anxious to increase 
the American forces. Several volunteered. Amonjr 
the immigrants was Joseph Aram, now a resident 
of San Jose. Fremont commissioned Aram Cap- 
tain, and advised him to proceed with the fimiilies 
to Santa Clara Mission, as more empty houses were 
there than at San Jose. Aram followed the suo-- 
gestion, reaching there in November. They found 
buildings in anything but a comfortable condition, 
but they made the best of things. Many became 
sick, and by February fourteen had died. It had . 
been a very rainy season, and the shelter so poor, 
that the families suffered considerably. 

Captain Aram had organized a company of thirty- 
two men. He made Santa Clara his headquarters, 
to protect the families there. He commenced soon 



156 HISTORY OF SAN JOSfi 

to fortify the Mission, by building barricades across 
some of the streets, using wagons therefor, and 
timber obtained by cutting limbs from some of the 
old trees that had shaded so long the Alameda. 
He had learned that Colonel Sanchez was roaming 
the valley with a body of mounted Californians; 
and he considered that, as his own force was very 
small, it behoved him to fortify himself as strongly 
as the nature of circumstances would permit. 

Captain Mervin, of the U. S. Navy, on the first 
day of November, sent sixty men with Midshipmen 
Watmough and Griffin, under command of Lieut. 
Pinkney, from the Savanah, to San Jose, to form 
here a military post, and to protect the inhabit- 
ants in this vicinity. Pinkney started early in the 
morning, and reached the bank of the slough, 
near where Alviso now stands, about sundown that 
evening, where he encamped for the night. He 
had no commissary wagons, and the provisions 
were transported on the backs of the men. It was 
a long and tedious march for a body of foot, loaded 
with muskets and bayonets, cartridges, provisions 
and blankets. The next day, after breakfast, 
at about ten o'clock, Pinkney proceeded with his 
force, arriving in the afternoon at San Jose, when 
he immediately took possession of the Juzgado 
(Court House), and occupied the same as a bar- 
rack. At night a sentinel stood on the Gauda- 
lupe bridge, and a patrol of six or seven men on 
watch in the town. Pinkney immediately threw 



AND SURROUNDINGS. 157 

up a breastwork around the Juzgado. He dug a 
ditch two feet deep and one wide around the Juz- 
gado, at a distance of about sixty feet therefrom, 
'in which he drove pickets seven or eight feet long; 
on the outside of which he dug a trench five feet 
wide and four deep, the dirt from which he threw 
against the pickets, forming thereby a breastwork. 
At each corner was a gate, and on each side of the 
works paced a sentinel. 

Near the ranch of Capt. Weber, about ten miles 
southeast of San Jose, was herded a band of two 
or three hundred public horses. It having been 
reported that a party of mounted Californians 
were hovering in that vicinity, with a view of cap- 
turing them, Capt. Weber, on the twenty-fifth of 
November, sallied out in that direction with his 
company, to scour the country, in search of the 
enemy. Having met no hostile force, the next 
day he gathered the band of horses, and proceeded 
southward with them to the ranch of Mr. Martin 
Murphy. Having rested there until the twenty- 
eighth, continued his journey to the Mission of 
San Juan, arriving that evening just before dark. 

On or about the eighth of December, Lieut. W. 
A. Bartlett, of the sloop of war Warren, and Act- 
ing Alcade at San Francisco, went out from that 
post accompanied by .five men, (among whom was 
Martin Corcoran, now a resident of San Jose), to 
purchase cattle, in order to supply the United 
States forces with meat. They proceeded to the 



158 HISTORY OF SAN JOSfi 

vicinity of the location now known as the Seven- 
teen-Mile House, and were in the act of gathering 
some cattle, when thirty men, under Col. Fran- 
cisco Sanchez, sprang out from a ravine, and from 
the woods, and captured them. The enemy car- 
ried the captives into their camp in the redwoods 
on the coast range of mountains ; thence they re- 
moved their quarters near the land of James 
Pearce, in the same range, back of San Mateo. 

Sanchez soon received a reinforcement which 
increased his force to a hundred strong, together 
with a six-]oounder. 

Information reached San Jose, that Sanchez was 
ranging between that place and San Francisco, that 
he had several prisoners, and was capturing all 
Americans within his range. Capt. Weber and 
his company, ever on the alert, were soon in the 
saddle, and about the 25th of December, on the 
road in pursuit of the enemy. Having ascertained 
the whereabouts and force of Sanchez, and con- 
sidering the numerical inequality of the two forces, 
Weber deemed it extremely hazardous to bring on 
a conflict, and therefore immediately pressed on to 
San Francisco and reported to the commander. 

On the 26th, Sanchez advanced into the valley, 
traversed it in a southeasterly course around the 
San Francisco bay, and brought his force to a halt 
near the house of Jose Higuerra, about ten miles 
north of San Jose ; keeping his six prisoners 
with him. After a rest of two days, he ordered 



• AND SURROUNDINGS. 159 

his men to mount and proceed toward San Jose. 
Knowing that Capt. Weber's force was not there, 
he was much in hopes of capturing the place, even 
witliout an engagement. ' He advanced with his 
force to the southwest of the town on the Ahna- 
den road, halted, and in the afternoon sent a man 
with a note to Lieut. Pinkney, saying that if the 
American forces would leave San Jose, they could 
do so unmolested; but if they did not leave, he 
should immediately make an attack, and capture 
them, as he had two hundred men, he alleged, and 
was sufficiently able to carry out his design. Just 
before sundown on that day, Pinkney ordered his 
men into line, and read to them the dispatch from 
Sanchez. He then said to them, that if there were 
any among them who did not wish to fight, they 
could go back to the ship, at San Francisco. The 
soldiers gave a unanimous declaration to stay and 
fight it out. Then exclaimed Pinkney, " By G-d, 
Sanchez shall never drive me out of here alive!" 
The soldiers cheered their commander most heart- 
ily for his resoluteness. That night the guard was 
doubled, and the men slept on their arms. They 
were divided into four squads, and, at the sound 
of alarm, each division was to rush to a given side 
of the breastwork ; but if the enemy were found 
all on one side, then the forces w^ere to unite en 
masse on that side. Pinkney expected to be at- 
tacked by a force three or four times greater than 
his own, but that did not cause him to doubt for 



160 HISTORY OF SAN JOS^ ^ • 

a moment the course he mtended to pursue, let 
come what would. 

He was a tall, well-proportioned man, over six 
feet high, with sandy whiskers and hair. He was 
as straight as an arrow, and looked the soldier all 
over. His very appearance showed where he would 
be in a hot contest. There was not a man among 
his little band that did not have the utmost con- 
fidence in him. Thomas Ward, now of Gilroy, was 
one of his men at that time. Sanchez was by no 
means elated at the prospects of an encounter with 
this resolute, though small, force of American sol- 
diers. He rode around the Pueblo in the night, 
and finally concluded that prudence dictated non- 
interference. He left before morning, and encamped 
the next day about five miles north of Santa Clara 
Mission. 

Mr. J. A. Forbes, Acting English Consul, know- 
ing many of Sanchez's men, and his brother-in-law, 
Galinda, being among them, visited the camp, 
with the English colors in his hand, for the pur- 
pose of prevailing upon Sanchez to surrender the 
prisoners. The latter could not be prevailed on 
to accede to Forbes' propositions. Finally, San- 
chez agreed that Lieut. Bartlett might remain with 
Forbes, but not turned over to the American 
forces. Weber had belonged to the California 
army, before the outbreak between the United 
States and Mexico. Sanchez was wilUng to sur- 
render all the American prisoners, provided the 



AND SURROUNDINGS. 161 

American commander would deliver Weber to him. 
Lieut. Bartlett remained with Forbes a few days, 
at his house in Santa Clara. He wrote to his wife, 
and in such a strain as though he never expected 
to see her again. Soon word came to Forbes, 
from the commander at San Francisco, that if 
the surrender of Bartlett depended upon the deliv- 
ery of Weber to Sanchez, the condition would 
not be accepted; and, therefore, he could return 
Bartlett to the camp of the enemy, which Forbes 
did. Bartlett seemed completely demoralized. It 
is said that he cried like a child, when he went 
back to the enemy's quarters. This Bartlett is the 
father of the bride who married a rich Cuban in 
New York, a few years ago, the ijiarriage cere- 
mony of whom was denominated " The Diamond 
Wedding." 

In the meantime, the American forces at San 
Francisco were not idle. They had been making 
preparations to meet Sanchez wherever he might 
be found. The little army formed for this pur- 
pose, was placed under the command of Captain 
Ward Marston, U. S. Marine Corps, and of the 
frigate Savannah. His force were the following: 
Assist. Surgeon J. Duvall, Aid-de-camp ; detach- 
ment of U. S. Marines, under Lieut. Robert Tansil, 
thirty-four men ; artillery^ one field-piece, six- 
pounder, under charge of Master William F. D. 
Gough, assisted by Midshipman Jn. Kell ; ten 

men ; interpreter, John Pray. Mounted company 
11 



162 HISTORY OF SAN JOSE 

San Jose Volunteers, under command of Capt. 
Chas. M. Weber, Lieut. John M. Murpli}^, and act- 
ing-Lieut. Jno. Reed; thirty-three men. Mounted 
company of Yerba Buena Volunteers; under com- 
mand of Capt. Wm. M. Smith; Lieut. Jno. Rose ; 
with a small detachment, under Capt. J. Martin, of 
twelve men. The whole force numbered one hun- 
dred and one men. The expedition moved Irom 
San Francisco on the 29th of December, south- 
ward down the valley, and on the morning of 
the 2d day of January, came in sight of the enemy. 

Early that morning, Sanchez heard of the ap- 
proach of the American force. He immediately 
detailed a squad of twelve men to take the six 
prisoners off toward the western mountains. The 
prisoners first started on foot, the enemy having 
no horses for them, but shortly after procured 
some for them. The squad went about two miles 
with their prisoners, and halted. 

About ten o'clock, a. m., the American force 
advanced within a range of two hundred yards of 
the enemy, when the order was given to open on 
them. The first few fires broke the enemy's line, 
when it divided, each division respectively flank- 
ing the Americans, but still retreating as the lat- 
ter advanced. The enemy occasionally would 
rally in front, though at some distance, but 
would very soon open, and turn on the respec- 
tive flanks — thus alternately moving on front and 
flank. The battle continued some two or three 



AND SURROUNDINGS. ' 163 

hours. The firing was distinctly heard at Santa 
Clara Mission, and at the Pueblo of San Jose. 
When Lieut. Pinkney heard the guns, he rallied 
his men to arms, prepared in readiness a large 
supply of cartridges, for a long conflict, and stood 
at the head of his men, anxiously waiting some 
tidings of the result. He did not know exactly 
the force of either party, bat supposed that the 
enemy was far in excegs of the Americans. He 
had some mistrivino;s as to the termination, and 
expected if Saiichez should become victorious, 
that he would immediately march on the Pueblo. 
He deemed it hazardous to abandon the Pueblo, to 
join the conflict, and therefore remained in fighting 
order, to hold and protect the town. At the 
Mission, people were on the church and other 
buildings, witnessing the battle. It has been cur- 
rently reported that the gamest individual in that 
Mission, at that time, was Mrs. Bennett, and that 
the language used by her while the action was 
pending, was not elegant enough for the general 
usage of the parlor. She intimated that there 
was not more pluck among the American male 
sojourners, than tliere ought to have been on such 
an occasion. 

The enemy, in his retreat, was moving toward 
the Mission. Capt. Aram sallied out with his 
company to employ the enemy's right wing, and 
check his pursuit on the settlements. Finally, 
the enemy drew off, unwilling to renew the en- 



164 HISTORY OF SAN JOSfi 

gagement. Sanchez's retreat was toward the 
Santa Cruz mountains. Soon thereafter, he sent 
a bearer of dispatches, with a white flag, to the 
American commander, embracing terms of sur- 
render upon certain conditions. The reply was 
that the surrender must be unconditional. San- 
chez answered that he would die first ; but that 
exclamation was in the nature of a bluff — it did 
not succeed. At last, an armistice was agreed 
upon, in order that the American commander might 
send a courier to San Francisco, to the commander 
of the Northern District, asking upon what terms 
a. surrender should be accepted. Lieut. Pinkney 
was soon relieved of his suspense by a courier, 
who carried him information of the foregoing 
facts. 

In the meantime, the American force repah^ed 
to the Mission, where they were heartily cheered 
by the ladies and children. The ladies immedi- 
ately prcp'ared a good meal for the hungry sol- 
diers. 

The Americans in the valley had lost several 
fine horses by theft; Capt. Aram, knowing that 
some of them were in the cavalcade of the enemy, 
obtained permission to seek for them. 

On the 3d, he went out to the corral, to take 
possession of whatever horses he might find belong- 
ing to the Americans. While there, Sanchez sent 
him word that another American force was ap- 
proaching from the direction of Santa Cruz. Aram 



AND SURROUNDINGS. 165 

replied that he thought it must be a mistake. 
Sanchez's men insisted that it was true. Aram 
then took a positiofi where his sight got a better 
range, and found the report to be true. Sanchez 
was uneasy, lest he would be attacked by them, 
and requested Aram to advance and inform them of 
the condition of affairs. Aram went out to meet 
the force, and ascertained that it was Capt. Mad- 
dox, of the U. S. navy, with a company of mounted 
sailors and marines, numbering fifty-nine, Capt, 
Aram immediately narrated the facts, which was 
a fortunate circumstance, as Maddox's men were 
eager to have a brush with the enemy, and ap- 
peared annoyed to think that they had been 
deprived of having it. 
, On the 6th, a bearer of dispatches arrived from 
San Francisco, whereby Capt. Marston received 
orders that the surrender of Sanchez's force must 
be unconditional. He forwarded to Col. Sanchez 
a copy of his instructions, who came«in on the 
following day ; whereupon, the terms of capitula- 
tion were agreed upon, in accordance with orders 
from head-quarters. 

On the 7th, another reinforcement of fifteen 
men, under Lieut. Graj^son, arrived. 

On the 8th, Sanchez surrendered his whole force, 
together with his six prisoners; also his guns, am- 
munition and equipage. His men were allowed to 
go to their respective homes. He was taken to 



166 HISTORY OF SAN JOSfi 

San Francisco, and held as a prisoner, a short time, 
on board the war vessel, Savanah. 

It was ascertained that the enemy's loss was four 
killed, and five wounded. The Americans lost 
none, and only two were wounded, Jackson Ben- 
net, of Capt. Weber's company, was wounded 
slightly in the foot, and one of the marines in the 
head. The latter fell very near Lieut. Murphy, 
and was supposed at first to have been killed. 
The ball grazed the top of his head, causing him 
to fall backward on the ground; but, on examina- 
tion, it was found that the wound was not dan- 
gerous. 

This ended the warfare between the American 
and Mexican forces, in the northern part of Upper 
California. 

If the native Californians who mingled in that 
conflict, look upon the 2nd day of January as the 
anniversary of their humiliation, the pride of those 
through whose veins courses Castillian blood, may 
soften the asperity of their mortification, as they 
contemplate that it was upon that day, in the year 
1492, that Abdallah, the proud Moorish King, gave 
in to Ferdinand. 



AND SURROUNDINGS. 167 



CHAPTER XIIL 

1847. 

Executive, Judicial, and Legislative Forms of Government. — Jurisdic- 
tion of Courts.— John Burton Alcalde.— His Court.— Judgments 
Eendered Therein. — Burton's Committee. 

The forms of governments furnish subjects for 
the historian, as important as the acts and charac- 
ter of the people that live under tliose governments. 
And, as the period during which Mexico reigned 
over the territory of California, is drawing to a 
close, I propose now to narrate briefly, the 
character of the different departments of govern- 
mental functions, exercised here under that nation. 

California was denominated a Department and 
divided into Districts and Partidos. The number 
of Districts were three, each of which was divided 
into two Partidos. San -Jose was in the Sec- 
ond District. The archives do not exhibit 
any record of a division of the territory into Dis- 
tricts and Partidos, prior to the year 1839. On 
the 2Gth of February, of that year, Governor 
Alvarado thus divided it. It was again divided in 
1815. The opinion prevails tlfat prior to 1839, 
the jui<sdiction of the Presidios were, respectively, 
co-extensive with Partidos. The Presidio of San 
Francisco included San Jose, Santa Clara, Santa 



168 HISTORY OF SAN JOSfi 

Cruz, and the Villa of Branciforte, in its jurisdic- 
tion from a. d. 1800 to 1830. 

There were a Governor and a Departmental 
Assembly, which constituted the Legislative De- 
partment, that held its sessions at Monterey, the.cap- 
ital. The Assembly was composed of seven mem- 
bers. The next highest political officers to the 
Governor, were the Prefects, the jurisdiction of 
each, respectively, was a District; there were also 
Sub-Prefects, with jurisdiction over Partidos ; 
Ayuntamientos (Town Councils), governing towns; 
and Alcaldes and Justices of the Peace, with juris- 
diction over towns and rancherias, (Indian vil- 
lages.) The two latter classes of officers and 
prefects exercised both political and judicial 
powers. [See Appendix, No. 7.] 

According to the Leyes Constitutional^ (Constitu- 
tional Laws) of December 30th, 1836, each De- 
partment was to be provided with a superior 
tribunal. On the 23d of May, 1837, the Mexican 
Congress passed a law making provisions for such 
a tribunal for California, out of which two Courts 
were to be formed. This tribunal was to be com- 
posed of four judges, (ministros,) and one attor- 
ney-general, (fiscal.) The three senior judges to 
compose the first bench (sala), and the junior one 
the second. The second bench was known as the 
Court of the Second Instance, which tool# cogni- 
zance of appeals from the Court of First Instance, 
and also original jurisdiction in certain cases. The 



AND SURROUNDINGS. 169 

first bench was the Court of Third Instance, with 
appellate powers. These Courts were to sit at the 
capital of the Department. There was to be a 
Court of First Instance at the chief town in each 
Disti'ict, with original general jurisdiction, of all 
sums over one hundred dolhirs. 

■No superior tribunal was ever established under 
this law in California; nor were there any judges 
of the Court of First Instance; certainly none in 
the District of San .Jose until 1849, when they 
were appointed by American authority. The Gov- 
ernor of the Department, in his message to the 
Assembly, in 1840, expresses his regret that no 
superior tribunal exist, and that there are no 
Judges of First Instance; adding that the Justices 
of the PeacPi in the towns had begun to exercise the 
judicial functions hi the First Instance. The Gov- 
ernor also informed that body that they had 
power by the Act of July 15th, 1839, to appoint 
judges for the interior; but it seems that that 
illustrious body failed to use their faculties in this 
respect. 

In the decree of the Mexican Congress, of March 
2d, 1843, it is stated, that in the Californias there 
had been no courts of Second and Third Instance 
established; and by Act 28th, the Governor of 
these Departments are ordered '' to take care that 
justice is punctually and completely administered 
in First Instance, by Judges of that grade, if there 
be such, or by Alcaldes, or Justices of the Peace." 



170 HISTORY OF SAN JOSfi 

But the Supreme Court of the United States, 
held, in the case of the United States vs. Andrew 
Castillero, 2 Black's Rep., that the Alcalde in San 
Jose could not perform the functions of Judge of 
First Instance, under the mining law, as provided 
by the Mexican decree of December 2d, 1842; 
and therefore, the Alcalde's acts, in relation to the 
perfecting the title to the Almaden mines, were 
void. The judicial officers, then known at San 
Jose, were First and Second Alcaldes, and Justice 
of the Peace. Their powers, both political and 
judicial, are given in Appendix No. 7; also those 
of the Judge of First Instance. 

A trial before one of these courts was quite 
summary. There were, before the ingress of 
Americans, no lawyers. The Alcalde generally 
walked with a cane; and not unfrequently, that 
cane had a silver head; and with it he summoned 
parties into court. When a man, bearing the 
Alcalde's cane, verbally summoned another person 
to court, that person usually obeyed, for he well 
knew that the sign, carried by the summoner, was 
as genuine as the Alcalde's signature and seal at- 
tached. As sure as a person disobeyed, just so 
sure was he to pay a fine. When the parties came 
before the court, each one, if he wished, could 
select an arbitrator (hombre bueno). Then the 
Alcalde made both parties teU their story, and 
heard their witness, if any; then the arbitrators 
and Alcalde would decide. Sometimes the Al- 



AND SURROUNDINGS. 171 

calde would decide the case himself, and very 
quickly too. 

As there were no very good jails or prisons in 
the country, it was customary to floo; the Indians 
for committing crimes, and the other people were 
fined. Occasionally, culprits were imprisoned and 
worked in the chain-gang. 

One John Burton, who came to San Jose about 
1830, or a little before, was a man of but little 
book-learning. Now, John came from Massachu- 
setts, where schools are common, but did not have 
the luck to stay long in those schools. But, after 
all, he was a man of considerable sound sense, and 
very honest. He was one of the first (appointed) 
Alcaldes in 1846, after the hoistins; of the stars 
and stripes in San Jose. John's docket presents 
some interesting cases, a few of which I will cite : 
Sometimes John would make the Territory of Cali- 
fornia plaintiff, in a criminal case ; and sometimes 
he would call the complaining witness plaintiff. 
On one occasion, Juan Meresia appeared before 
the Court, arid charged one Ramon Soto, after 
having pawned a serapa (blanket) with him, of 
stealing the same. Burton enters the complaining 
witness as plaintiff, and records the judgment as 
follows : ''The case having been entered into, and 
the parties being present, it was clearly proved 
that said Ramon Soto was guilty of the charge. 
After duly weighing the case, this Court adjudg.^s 
him guilty, and orders the defendant to pay a fine 



172 HISTORY OF SAN JOSfi 

of five dollars ; six dollars for the serapa, and 
costs of Court, taxed at one dollar and seventy-five 
cents, to be paid forthwith, or labor on the public 
works." 

On another occasion, one Thomas Jones made 
a complaint before Burton's Court, that Pedro 
Mesa had stolen his (Jones') horse. In this case, 
the entry is made : " Territory of California vs. 
Pedro Mesa. May 1st, 1847. The parties having 
appeared, and the case entered into, after weigh- 
ing the case and taking the testimony, judgment 
is rendered that defendant shall pay a fine of five 
dollars, and nine dollars for saddling the horse ; 
and costs of Court, taxed at four dollars and 
seventy-five cents ; two dollars for the guard." 
Burton was evidently a mild man — a good-natured 
sort of man, who could give a thief a show to get 
even, Thejj,punishment was so light, that if a thief 
was caught occasionally, the avocation would still 
be profitable. And I presume he never let a 
prisoner off without a fine of some kind, because, 
according to his language in the judgments, he 
■usually "weighed the case, and then took the evi- 
dence." That is, he first made up his mind 
whether the defendant was guilty, and then, for 
form's sake, heard the evidence. 

He rendered judgment in another case, which 
was one of a difficulty between man and wife, that 
might be usefully followed at the present day, per- 



AND SUEROUNDINGS. 173 

liaps, in California. I will give a copy of the 
judgment, which is as follows : 

'' Jnan Lesaldo vs. Maria de las Naves. On 
complaint of plaintiff that defendant, his wife, he 
believes is about to abscond ; he, therefore, claims 
that she be brought before the Court, to show 
cause why she will not live with him. A sum- 
mons was issued April 27th, and returned served. 
The parties having appeared, and the case entered 
into April 27th, 1847. It is directed that they be 
united again, and if not, they shall be imprisoned 
until they consent to live together. May 1st, a 
letter was sent to the priest of Santa Clara, who 
ordained that they should be compelled to live 
together. After three days time was given for 
reflection, she still refused to comply. May 4th, 
1847, defendant was put in prison until she 
should comply with the order of the priest." 

I do not know how long she stayed in jail. Per- 
haps three days reflection in jail was of greater 
moment than that which was exercised outside. 
Neither do I know where the Judge found his law, 
except in his own brain ; and I am of opinion 
that at least half of the law, generally executed, 
was found only in the Judge's head. Whether 
right or wrong, cases were quickly decided, and 
no long appeals followed. There was not a man 
learned in the law throughout the whole Territory, 
and the Alcaldes interpreted the law by w^hat 
they termed the rule of common sense; or rather, 



174 HISTORY OF SAN JOSfi 

in many cases, what suited their own notions. 
Every case stood on its own bottom, and no citing 
of the doctrine of stare decisis. 

These Courts possessed two admirable attri- 
butes, namely, rapidity and cheapness. The judi- 
cial proceedings I have herein exhibited are, 
indeed, somewhat novel, and are inclined to pro- 
duce merriment; but not more so than judicial 
events which have transpired under a more enlight- 
ened government and people, within the same 
territory. 

As the country was held by the military, and 
no one knowing much about the law of Mexico, 
the government was managed upon general prin- 
ciples of right; or, rather, what those in power 
thought was about right. Burton, in the latter 
part of 1846, did not want to trust altogether upon 
his own judgment in the affairs of the Pueblo. 
The war had not then ended ; the enemy were in 
the field, and in the valley. He came to the con- 
clusion that, as his office was one of importance at 
that period, he would have advisers. Perhaps, he 
looked upon them as a cabinet, and he, himself, 
the King'of the town. However, he appointed a 
body of men, which he called a committee; without 
any definitely specified powers. Now, there never 
was a body of men vested with such unlimited 
powers as Burton's committee, as his notice at- 
tached to the list of their names will evidence, 
which is as follows : " Antonio Sufiol, Dolores 



AND SURROUNDINGS. 175 

Pacheco, Jose Fernandez, Jose Noriega, Feliz Bu- 
elna, Salvador Castro, Guillermo Fisher, Isaac 
Branbam, Grove C. Cook, Mr. White, Capt. Hanks, 
Guillermo Weeks. The above are individuals 
called upon to form a committee in the PuebU) de 
San Jose, on the 6th day of December, 1846, for 
to sit and decide on anything that may be required 
for the benefit of said Pueblo. 

" John Burton. 
"Pueblo de San Jos6, 5th December, 1846." 

It is an evidence of unlimited faith, as well as 
of power, in the men. Probably, no American 
community would, at the present day, be willing 
to submit their government to any set of men in 
that form. It is illustrative of the times and 
people at that period. 



176 HISTORY OF SAN JOSE 



CHAPTER XIY. 

Survey of the Pueblo Lots. — Claims to the Lands under Old Titles ; 
Eejection thereof. — Ke-survey of the Pueblo. — Survey of Five 
Hundred Acre Lots ; Titles therefor. — Burying Grounds. — Ee-sur- 
vey under City Authority ; Maps thereof. — Unimproved Park. 

The influx of American population had now 
become considerable, and they saw the necessity 
of shaping tHe growing Pueblo into some regu- 
larity. Ample evidence lay before them that the 
ancient inhabitants and the natives of the day had 
been governed by no mathematical principles in 
the construction of the town; for there were no 
roads or streets laid out on rectilinear or curved 
lines, but crooked as the cow-paths in ancient 
Boston, where the streets to-day, following those 
paths, attest the fact that the cows were not as ■ 
true in their course of travel as the busy bee. 

At the request, and by the authority, of the 
Ayuntamiento and Alcalde, Mr. William Campbell, 
aided by his brother Thomas, both of whom are 
now living in the valley, surveyed a plot of land 
for building lots; this was in May. As he pro- 
ceeded in this vocation, the natives gathered, like 
boys at a circus, in wondering curiosity, to see the 
trembling needle refuse to point in any other direc- 
tion save that of north and south. They did not 



AND SURROUNDINGS. 177 

exactly iiiidcrstaud it, but supposed it was some 
new Yankee invention. 

It was then considered that a tract of about a 
ftiile square, would be sufficient for the growing 
wants of any town in this far-off land. The survey 
made by Mr. Campbell embraces about that quan- 
tity. It extended east from Market street to Eighth 
street; north to Julian, and south to Reed street. 
Mr. Burton, who had resided here for nearly twenty 
years, said that, according to the law and facts as 
he understood them after considerable observation, 
no suerte claims extended farther south than Julian 
street, except the Gongora claim, and none east of 
Market street. 

While Mr Campbell was surveying the land where 
Santa Clara and First streets cross each other, Mr. 
Charles M. Weber presented himself and forbade 
the survey, claiming that the land in that imme- 
diate neighborhood belonged to him, by virtue of a 
purchase of the same from Anistasio Chabolla, who 
had owned two suertcs. Mr. Campbell suggested 
that the survey would be of no disadvantage to his 
rights, but, on the contrary, of material benefit. 
Mr. Weber, taking the same view of the matter, 
left the premises; and Mr. Campbell proceeded 
with the . survey. There is in his survey eight 
blocks east of Market street, and nine blocks be- 
tween Julian and Reed streets ; San Fernando street 
just south of the Catholic church,, is the base line. 
The length of the plot northwest and southeast is 



ITS HISTORY OF SAN JOSfi 

five thousand six liimdred and seven feet. The 
direction of the northerly and southerly streets is 
north 45 deg. west, magnetic course; variation of 
needle 15 deg. 22 niin. east at that time. Th5 
cross streets are at right angles with them. Mr. 
Campbell reserved four blocks of the land now in 
Washington Square, as a public square, and so call- 
ed it. He executed a map of his survey; and trans- 
ferred the same to the Alcalde; which is now on 
file in the office of the city authorities, but so 
worn that it is rather difficult to wholly trace the 
survey. 

After the completion of this survey, Alcalde- 
Burton gave public- notice to all persons having 
claims to laud within the limits of Campbell's sur- 
vey, to present themselves before him, Burton, at 
his office, and if their claims were found to be valid, 
that he would give them a new title therefor. 

Mr. Weber exhibited a title from Anistasio Cha- 
bolla, calling for two suertes of land, the bound- 
aries of which were in substance as follows : '' Com- 
mencing: at a point on Sauca Clara street about 
forty feet west of First street, thence norther!}' 
following an old acequia, or ditch, through the 
Knox block, and continuing a little beyond St. 
John street; thence easterl}^ to the alkali grounds 
just across Third street; thence southerly taking 
in the Pfister block, crossing First street and in- 
cluding a part of the Levy block; thence westerly 
to the place of beginning." Burton looked at the 



AND SURROUNDINGS. 179 

title for a moment, then raised his head, and said 
"Captain Weber, thj.s won't do, it smells of frand;'' 
meaning that Chabolla was guilty of fraud in sell- 
ing to Weber. Weber went out, in a bad humor, 
exclaiming, the time would arrive when he could 
obtain his rights. Within a few days thereafter, a 
compromise was made, and Burton, as Alcalde, 
granted to Weber, lots, Nos. 1, 2, 3, and 4 in 
block number one, range two, north of the basd 
lino. " 

Notwithstanding this compromise, we have seen 
suits instituted by Chabol]a's heirs and their grant- 
ees to obtain possession of the two suertes. Prob- 
ably the grantees of Chabolla's heirs were wholly 
ignorant of this transaction, 

Antonio Pico also appeared before Alcalde Bur- 
ton, and solicited a title to a tract of land imme- 
diately east of his residence, and south of San 
Fernando street, four hundred varas long and fifty- 
five wide ; claiming the same through a deed exe- 
cuted to him by some party then living at 
Monterey. Burton considered that Pico's gra|jtor 
had no title to convey, and therefore refused to 
grant the same land to Pico. Suits for this tract, 
through the grantees of Pico, have been instituted, 
but unsuccessfully prosecuted. ISTo proposition 
was clearer in the mind of honest John Burton, 
than that all claims within the survey of Camp- 
bell were without any valid foundation. He was 
satisfied that some respect had been paid to the 



180 HISTORY OF SAN JOsfi 

Spanish Mexican law in regard to towns, although 
not wholly attended to, so as to fix with absolute 
precision, the lines beiween the different classes 
of land. But he did not believe that cultivable 
lands in large tracts, were in a stone's throw of 
the Plaza in every direction. On the west, it is 
true, that suertes came very close to the Plaza, 
but this is accounted for, by the reason of the 
necessity of having lands for cultivation near the 
river, where an abundance of water could be had 
for irrigation. All the Alcalde grants under .this 
survey, have been held valid by the Supreme 
Court of this State. 

The new American settlers' minds were filled 
with land speculations. They saw around, and ad- 
joining this town plot, a large expanse of 'level 
land, rich in soil, attractive in climate. They were 
principally emigrants, from the Western and Mid- 
dle States. They had witnessed colossal fortunes 
reared by the enhancement of the value of real 
estate. They believed they were in a like con- 
dition, and surrounded by the same probabilities 
that encompassed the earlier pioneers in the States 
whence they came. They were impressed, in fact, 
were positively informed that, although the terri- 
tory of California was only under a military gov- 
ernment by conquest, yeU the war with Mexico 
would not close without a treaty, wliiich would em- 
brace in its provisions, the cession of this domain. 
With all these facts before them, they could 



AND SURROUNDINGS. ^ 181 

not believe that when that cession of territory 
should become final, and a true knowledge of this 
country be universally spread before the American 
people, that it would be unoccupied, or lay wholly 
dormant, unsought, and uncultivated. Possessing 
these views, and not altogether unselfish, they 
deemed it wise to divide out thie lands of the 
Pueblo among the heads of families; and that the 
earlier the act should be completed, the less the 
number of those heads. They called the people 
together, for the purpose of carrying out these 
ideas. There appeared to be no objection. They 
made an estimate of the quantity of land not em- 
braced in the town plot, and within what they be- 
lieved to belong to the Pueblo. Upon that 
estirnate, it was considered that the survey should 
be in five hundred-acre lots. So, in July and 
August, 1847, the survey was made by J. D. Hut- 
ton. The lots were numbered; corresponding 
numbers were written on bits of paper, and placed 
in a hat. Each head of a family was entitled to 
draw a number. Some few unmarried men were 
included in that class; perhaps, it was because 
they were considered as having so Ynuch\head, that 
they would not allow themselves to be left out of 
the ring. The drawing was completed; each 
taking his choice of lots in the order of the num- 
ber which he drew. Thus, the person drawing 
number one, had the first choice of lots in the 
whole survey, and so on through the whole draft. 



182 HISTORY OF SAN JOSiS ■ 

The di-awing bemg completed, the Alcalde made 
titles to the respective heads of tamilies, accord- 
ing to their respective selections of lots. Thus 
originated the grants in this valley, familiarly- 
known as Five Hundred- Acre titles. These titles 
have been declared invalid by the Supreme Court 
of this State, of which I shall say more hereafter. 
A lot of fifty varas square was laid off for a bury- 
ing-ground, near the corner of Eleventh and Wil- 
liam streets. A few persons were buried there; 
but in 1849, the present burying-ground was laid 
off, about three miles south of the city. 

In May, 1848, a resurvey was -made of the 
tov*?n plot, surveyed by Campbell. Mr. C. S. 
Lyman, now a Professor in Yale Cohege, left Con- 
necticut in 1845, and sailed to the Sandwich 
Islands, where he remained and tauglit school, as- 
sisted by Mr. Tiiomas Douglass, now of this city. 
Both gentlemen came to this coast in 1847; both 
were scholarly men; and Mr. Lyman a practical 
surveyor. The latter became acquainted with 
the Commander of the District at San Francisco, 
who appointed him United States Surveyor for 
the Middle Department of Upper California. He 
then, or shortly after, came to this valley. Popu- 
lation beg^n to increase rapidl}^, and the citizens 
here, contemplating a further increase, thought it 
advisable to obtain the advantage of Lyman's sci- 
entific skill in the laying out of the town, knowing 
thjit he possessed not only the requisite knowl- 



AND SURROUNDINGS. 183 

edge, but the necessary instruments. He, there- 
fore, was employed to resurvey the town, whicli 
he did, and adjusted with exactness the lines and 
bearings. He enlarged to what it is now, Wash- 
ington Square, and gave it that name, its dimen- 
sions being eleven hundred and sixty feet long, and 
one thousand and five wide. He also reserved 
the square, known now as St. James Square, 
which is six hundred and ten feet long, and five 
hundred and fifty wide. Market Place was sur- 
veyed by him, as containing eleven hundred and 
sixty feet in length, and two hundred and fifty- 
nine in width. He extended the town plot east- 
ward to Eleventh street. 

The common blocks are five hundred and fifty 
feet/ long, and two hundred and seventy-five feet 
wide. Blocks No. 1, north, between San Fernando 
and Santa Clara streets, are six hundred and 
eighty-seven feet six inches by two hundred and 
seventy-five feet. Blocks Nos. 1, 2, and 3, range 
one, north, are four hundred and twelve feet six 
inches wide. Block No. 3, range one, south, is 
three hundred and forty-two feet wide at the north 
end, and two hundred and eleven feet at the south 
end. Block No. 4, range one, south, is one hun- 
dred and ninety-six feet nine inches at the north 
end, and sixty-five feet at the south end. Block 
No. 5, range one, south, is fifty-one feet and six 
inches at the north end, and runs to a point at 
the south end. 



184 HISTORY OF SAN JOSfi 

The streets east of, and parallel with, First street, 
are named numerically; and their bearings are, 
north 30 deg. 39 niin. 45 sec. west from the true 
meridian, the variation of the compass being then 
15 deg. 22 min. easterly. The cross streets are 
named after persons, and are at right angles with 
the others. Market, Santa Clara, and Main 
(Fifth) streets, are each one hundred feet wide. 
First street, and all parallel with, and east of it, 
except Main or Fifth, are each eighty feet wide. 
San Jose and San Pedro streets are each sixty feet 
wide. Ranges are counted eastward — range eleven 
is bounded by Eleventh street. The blocks are 
numbered north and south of the base line. Mr. 
Lyman certifies in his report of the survey, as fol- 
lows: "The entire length of the town plot, as 
measured from the south side of Julian street, to 
the southern extremity of the plot, is five thou- 
sand six hundred and seven feet and six inches. 
This distance is a little greater than the true 
English measure, on account of the chain with 
which the survey was made, having been length- 
ened to make it correspond with the chain used 
in the original survey, in order that the resurvey 
might be on the same scale as the former, such 
having been the direction^ under which the last 
measurement was made." This certificate suggests 
itself, the necessity of the resurvey. 

This survey is bounded " on the southeasterly 
side by Five-Hundred-Acre lot No. 10; and on the 



AND SURROUNDINGS. 185 

easterly side by lots ISTos. 13 and 14 of the same 
class. Additions have been made to the foregoing 
plot by individuals who claimed to own the same 
mider the Five-Hundred-Acre titles, and suerte 
titles. Those city lots based on the Five-Hundred- 
Acre titles have, within the last few years, been made 
valid, by conveyances from the city authorities. 
The several additions will be best understood by 
reference to the map. 

A survey was made of the city of San Jose, and 
a map drawn thereof, by Thomas White, then City 
Surveyor, by order of the Common Council, in the 
year 1860. This survey embraced nearly the same 
extent of territory as the city now contains, but 
with some variation ; which will appear more defi- 
nite by a reference to the respective maps now on 
file in the ofiice of the City Clerk. 

The city limits now, northwest and southeast, 
are three miles long. The greatest width on the 
northerly line is about twelve thousand three hun- 
dred feet, and on an average about two miles. 
The northerly and southerly boundary lines run 
parallel to the streets, which run in the same di- 
rection ; that is, as Santa Clara street. The east- 
ern boundary is the Coyote creek; and the western 
boundary line south from the base line (San Fer- 
nando street), runs parallel to First street, at a 
distance of six hundred and sixty feet west of the 
bank of the Guadalupe riverj measuring at a point 
on said bank on a line with San Fernando street; 



186 ' HISTORY OF SAN JOSfi 

from said point, the said western city line runs to 
a point on Rosa street, which is six hundred and 
sixty feet from the west bank of said river, and 
which bears 1 deg. 36 min. west of a point on a 
line with San Fernando street. 

Messrs. Sherman Day and W. J. Lewis made a 
survey and map which, I believe, correspond with 
those made by Mr. White. 

Messrs. J. H. Pieper, City Surveyor, and A. T. 
Herrman, draftsman, have the present year exe- 
cuted a large map, for the use of the cit};^, which 
is about ten by eiglit feet in area. It embraces 
some private lands that have recently been sur- 
veyed into building lots. It is a very valuable 
and complete map; that is, complete so far as 
lands have been surveyed into town lots; and as 
rapidly- as additions are made thereto of town lots, 
they will be noted on the map. 

In 1850, and for many years prior and a few 
years subsequent thereto, an acequia, or ditch, 
about four feet wide, ran in a zigzag course north- 
westerly, and east of the Guadalupe, between San 
Pedro street and the College of Notre Dame, con- 
necting with a branch of said river about a mile 
north of the base line. The southern end of said 
acequia connected with a little pond, near Vir- 
ginia street, fed by the arroyo Tulares, and a branch 
from the Guadalupe river. There was an officer 
of the Pueblo who watched and protet^ted this 
little stream, so that every one who was entitled 



AND SURROUNDINGS. " 187 

to water therefrom might be properly served. 
Under American authority, for several years, a city 
officer had likewise charge of the same. This ace-, 
quia was of great benefit in the way of irrigation 
to the early settlers, and until the period when 
the boring of artesian wells was found to be a 
success. 

The city now has an enchanting spot of hill and 
* dale, with sparkling water, of four hundred and 
ten acres, about six miles east of the city. The 
ground is unimproved, yet it is a delightful spot 
to while away a few of the summer hours. It is 
what the city should always hold in reserve as a 
public ground, where the citizens may feel at 
liberty to congregate for picnics, or any other 
recreation, agreeable. It will not be many years 
before the road to it will appear to be very short, 
as the growing city stretches out in that direction, 
with its railroad. 

I have thus related the facts pertaining to the 
Pueblo and City surveys, maps, and land alto- 
gether, instead of stating, them in chronological 
order, inasmuch as the reader may better.compre- 
hend them in a continuous cham. 



188 HISTORY OF SAN JOsfi 



CHAPTER XV. 

Improvements. — Discovery of Gold. — Exit of Popiilation to the Mines. 
Peralta's Opinion of the Gold ; his Life. — John M. Murphy's 
Success. — Crimes, Convictions, and Executions. — Aspect of the 
Pueblo. ' 

In 1847, improvements were slowly advancing. 
The population was yet small ; although the num- 
ber of foreign residents had soiAewhat changed 
the aspect of the town. Mr. Zackariah Jones 
opened a hotel in the old adobe building, now 
standing on the east side of Market square, near San 
Antonio street. As there was not much enlight- 
ment in the place at that time, he did not wish to 
appear too brilliant, by giving his public-house a 
very bright and shining name, so he called it the 
*' Half Moon." A family of Wests kept a livery- 
stable on First street, where the new building 
called Mjisic Hall is situate. The adobe building 
now standing just south of it, was built by them 
about the first of the year 1848. TJiere were a few 
stores. One kept by Weber and Lightstone, in the 
adobe house now in the rear of Lightstono's resi- 
dence; one by Peter Davidson, and one by An- 
tonio Sunol. 



AND SURROUNDINGS. 189 

And thus Yankee dickering, carried on princi- 
pally b}i Europeans, kept pace with the wants of 
the community. 

The natives had learned some of the mechanical 
arts, principally from those taught at the Mission 
in previous years. They made shoes from leather 
tanned by themselves, in a hurried process ; that 
is, a sham process. They used to take a large 
ox-hide, gather up its corners, hang it on a tree or 
beam raised with posts, then fill the hide with 
water and oak bark, and place therein the skins 
to be tanned. In this manner they prepared sole 
leather. The uppers for shoes were made from 
smoked deerskin, colored. Not a bad-looking 
shoe was the final result of their labor on skins. 

At that time, the plains east of First street 
looked quite white with bones of the cattle, which 
had been slaughtered by thousands for their hides 
and tallow. Capt. Weber had a corral (pen) for 
his horses on the ground where Pfister's store 
now stands, on the corner of Santa Clara and First 
streets. About a dozen houses were erected that 
year. 

Mr. WiUiam Campbell commenced to build a 
saw-mill, on arroyo Quito, now called by some 
Campbell's creek, about ten miles west of this 
town. It was the first attempt to build one in this 
^ valley. He did not complete it until the latter 
part of 1848, on account of the scarcity of labor 
immediately after the discovery of gold. Some 



100 TTISTORY OF SAN .TOSfi 

activity eoiuinoucod in \\\o wwy ol' pi-ospcM-rmij; llio 
quicksilvei' iniiic in 1817, now known as 11h> Now 
AIin:u1on, wliich niiiio 1 ,sli:ill snl)SCM|ui\ntly liorcnn 
(loscribo. 

Oil llio ,nino(o(Milh day of Jaiuuiry, 18 i 8, gold 
was discovered. Not many days elapsed before it 
was eircuhiled with eleclrical rapidity tlii'ongli the 
whole Territory. When the existence of the pre- 
cious metal became a settled fact, every living man 
was anxious to try his hand with the pick, shovel, 
and pan. So many inen left the valley of San Jos6, 
it was (pu^slioned whether the town was suHiciently 
protected; but no serious depredations were com- 
mitted on account of the weakness of the i)ro- 
tective force. A great many cro]>s were sown that 
were never harvested by man. The cattle, horses, 
and hogs rea])ed where man had sown. The 
chances were supposed to be better in the fields of 
of real gold, than in those of the golden grain. 

There was an aged man, with whom Time for 
nearly a century had dallied, and di'awn from his 
da,rk locks their color, bliu'red his sight, and 
deadened slightly the sensibilit^y of the oar-drum ; 
and yet, though a little superstitious, was not 
wholly deprived of his judgment. That man was 
Don Luis Peralta, one of the first settlers of San 
Jose, and the most intelligent among that group. 
His head had been fdlcd with the wonderful stories • 
of the earth's hidden wealth. Aged as he was, 
and having sons advanced to the period of three 



AM) SIJRItOUNIMNGS. ! 01 

Hcoro y(nirs ncai'ly, lio (lociiicil il his jjjirfiiliil i-i^lit 
and duly to give those Hons Borno udvico, whilo 
everybody seemed lo he rjuiiiMj nw.yy with exeiitj- 
ment. 80 lie called his soiih, and Haid to them: 
'' My HOTis, God gave that gold to the Amerieans, 
ff he ]iad wanted the Spaniards to have liad it, 
he woiilrl have let them discover it hefore now. 
Ho you h:i,d better not go ufier it, but let the 
Americans go. You can go to your ranch and 
raise grain, and that will be your best gold field; 
because we all must eat while we live." 

It was as good .advice as men of sharper intel- 
lect coidd have given. Some who adopted tluit 
course became quite as wealthy as the most of 
those who followed the excite^ient. 

It will not be amiss to give a passing notice of 
iJon Luis, as he has figured so much in the eji.rb"er 
part of tlie history of Han .Jo,s«'. 1I(} left Hpain 
when a boy, in company witfi a brother, and set- 
tled ill tlie Htate of Honora, Mexico, at ^j'ubac 
(now i# Arizona). lie came to the Presidio of 

'San Francisco when biit a hoy, and was in the ser- 
vice of the King as a soldier. He became a s'er- 
geant. lie remained in the service many. years. 
He married early irjto the Alviso family, who also 
came from Sonora. lie was the father of filteen 
children, five of whom are now living — two sons 

^nd three daughters. He died in 1851, leaving a 
large estate, disposed of by will, but which was 
attacked in Court, upon the ground of incapacity 



192 HISTORY OF SAN JOSfi 

of the testator, and the allegation sustained. He 
was reported to be at his death one hundred and 
three years old-. His son now declares that he 
was but ninety-three at his death, and that he 
was of sound mind. He died in an adobe house 
on San Pedro street^- San Jose. 

The remarkable fortune of a person in mining, 
now a resident of San Jose, was so much like the 
Arabian Night's tales, that I cannot refrain from 
detailing it. Had he kept his fortune, he would, 
by its increase, have been one of the wealthiest 
men of the nation. But his bump of generosity is 
too great; he was too benevolent, and the fortune 
came too easy to be appreciated. I refer to Mr. 
John M. Murphy. He left San Jose in April, 
1848, and went to Weber creek, in Placer County. 
He employed a few Indians who had belonged to 
the Mission, and they induced many of the wild 
ones to accompany them, until Mr. JIurphy had, 
at one time, nearly one hundred and fifty of them 
working for him. His influence with them^was as 
productive of gold as the exclamation of " Open ' 
Sesame" by Ali Baba, at the cavern door of the 
forty thieves. After working a few weeks at the 
first location, they moved to what was called dry 
diggings, where Placerville is situated. A part of 
the Indians were from Stanislaus County. About 
September, Mr. Murphy sent the Indians from that^ 
section back to their old grounds to seek for gold. 
They went, and shortly returned, saying that, they 



AND SURROUNDINGS. 193 

had found plenty of it. Murphy then moved to 
that new place, and there remained until about 
December, 1849. He had buried in the ground 
nearly two millions of dollars worth of gold. But 
at that time, it 'was sold cheaply. Coin was 
scarce, and most of the people, for a long while, 
did not know its real value. It was customary to 
sell the gold at four dollars per ounce, which was 
intrinsically worth over sixteen. It was not un- 
usual for Mr. Murphy to take in at his store, twen- 
ty-five pounds of gold per day. When he first 
went to Weber creek, but two other white men 
were there. His brother Daniel, and one Dr. 
Isabell were his partners; although it was not then 
known, except between the 'three. No man ever 
asked Murphy in those days for money, without 
obtaining it. 

In the latter part of 1848, some of the residents 
returned to San Jose. Provisions began to en- 
hance in price. The crop of wheat sown was not 
relied on, as it had not been, in fact, harvested, 
with the exception of a few patches. The flour 
used came principally from Cliili; the price reached 
twenty dollars per barrel. Mr. Campbell that fall, 
finished his sawmill. Zachariah Jones commenced, 
subsequently to Campbell, to erect one on Los 
Gatos creek, and completed it a month prior to 
the finishing of Campbell's. Lumber was exceed- 
ingly high, and the selling of it looked as profit- 
able as the digging of gold. Labor of every kind 

13 



194 HISTORY OF SAN JOSfi 

was enormously dear. The mere hauling of lum- 
ber from those mills to San Jose, cost one hundred 
dollars per thouiand feet; and other classes of 
labor in like proportion. The first brick houses 
were erected this year; one by Mr. Osborn, on 
Fifth street, at the corner of St. John street; one 
on Fifth, between St. John and St. James streets; 
and one on St. John street, between Fourth^ and 
Fifth streets, by Geo. Osborii. 

Crime had commenced to increase. The travel 
to the mines on uninhabited roads, presented 
opportunities for highwaymen to carry on their 
vocation with considerable success. About the 
22d of December, 1848, Mr. Thomas Fallon (a 
resident here now), was coming down from the 
mines to buy cattle, having with hiin two- tliou- 
sand five hundred dollars in gold dust around his 
body, and about seven ounces in his pocket. He 
also had seven horses, and a servant, but no arms ■ 
of any value, as he had lost a part of his pistol. 
He camped near San Jose Mission one night. 
Three Americans camped near him, one of whom 
he had known at Santa Cruz. He did not like the 
appearance of them. He told them that he had 
sent a man on with money some days before, to 
buy cattle, and that he had heard nothing from 
him. He further observed that his horses were 
tired, and that he would like to trade for their 
best one, if he had money enough. They said 
they would swap for six ounces, in exchange 



AND SURROUNDINGS. 195 

for the one Fallon liad been riding, lie remarked 
that he did know whether he had so much monej^, 
but taking out his purse and weighing the con- 
tents, found that he had nearly seven ounces. He 
gave them the six ounces, and made the trade. 
This was intended wholly as a blind, and it was a 
successful one. Fallon slept that night unmolested, 
from the fact that the highwaymen supposed he 
was no longer in the possession of funds.* The 
next morning," he started for this place, on his 
route to Santa Cruz. The highwaymen proceeded 
northeastward, and met two Germans, who had 
eight thousand dollars in gold dust. The high- 
waymen shot both; one mortally, the other in the 
arm, but not so badly as to j^revent his escape. 
He reached San Jose, informed the people, who 
prepared armed men to search for the murderers. 
The latter also came into the valley; having so 
much money, they concluded they could live 
easily, and pass on without detectijon. They en- 
camped near the Gruadalupe river, a little north of 
the main part'"of the town. In a few days theyl 
were discovered, caught, tried by a jury at the 
Alcalde's court, and within three daj^s hung on 
the plaza. They were taken in a wagon, which 
was driven under the scaffold; the rope adjusted, 
the wagon removed from under them, and they 
left dangling in the air. This was performed in 
January, 1849. It was summary justice, indeed; 
no time for appeal to a higher court — in fact, no 



196 HISTORY OF SAN JOSfi 

higher court existed ; and really, when the wagon 
went out from under them, they doubtless con- 
cluded that they had gone as liigh as they desired. 
One of them confessed the crime, and admitted 
that Mr. Fallon's life had been saved from the be- 
lief that he had no money after the horse trade. 
The criminals were not unknown to some of the 
spectators at the death scene, whom they bid ftire- 
well ; and one particularly addressing himself to 
Julius Martin, exclaimed rather affectionately, 
" Good-bye, Julius!" These executions were the 
first ever performed in San Jose, at least, by the 
Americans; and probably, the very first,- as the 
Mexicans, when they took life as a punishment, 
did the same by shooting. 

About Christmas in 1848, probably between that 
and New-Years, it snowed in this valley two or 
three inches deep. Such a tiling was never known 
here before. One Jose de la Cruz Sanchez, re- 
marked at the time of the snow, that he was then 
sixty-four years old, and born in this country, and 
never had seen snow in the valley before. He 
resided north of San Jose thirty-miles, on the 
Buri-Buri ranch, but in the valley. Snow fre- 
quently in the winter is seen on the surrounding 
mountains, as low as about seven hundred feet in 
altitude. It lasts but a day, and scarcely half of 
that, if the sun be not clouded. 

The year 1849 brought new life into San Jose, 
as it did in fact to various other localities throngh- 



AND SURROUNDINGS. 197 

out the then territory. Although there had been 
a universal rush to the mines, it had somewhat 
abated; that is, all that had taken their chances 
with pick and spade, had not been successful, 
notwithstanding the hardsliips and deprivations 
with which they met. The necessities of the peo- 
ple increased, and the production of them required 
other application than that of mining. Many had 
returned to San Jose, after trying their fortunes in 
the mines, others came to the valley without first 
experimenting in the art of mining. The influx 
wgfe greater than the outgoing stream, and the 
town wore more tlie aspect of a half military and 
half civil settlement. The numerous white tents 
that dotted the plains, some of which were arrayed 
in regular order on a line with the streets, gave a 
military air to the scene. It is true, no long array 
of bristli-ng bayonets were seen, but tlie bowie- 
knife and revolver were belted on the majority of 
men, and strains of martial music greeted the ear, 
calling, for recruits under the banner of King 
Phar-a-oh.* 

All of the necessities of life became exceedingly 
dear; cultivating the soil had been almost wholly 
neglected, flour Avent up to fifty dollars per barrel ; 
nearly all that was consumed came from Chili, as 
it had in the latter part of the previous year. The 
reapers of the Chilian fields had found a golden 

* lu the techuical language of the faro dealers and players, that 
game was dignified with the appellation of King Pharaoh. 



198 HISTORY OF SAN JOSE 

market for their golden harvest. A pair of ordi- 
nary boots were worth sixteen dollars, and some, 
extra thick, with high tops, commanded two onnces 
or thirty-two dollars; the prices of other articles 
were in like proportion. 

I must now record, as a part of the annals of the 
summer of 1849, the conviction and execution of 
another person for murder. 

In 1847 or 1848, a young son of Mr. Edward 
Pjde went to the rancho of Anistasio Chabolla, 
and spent some time there playing with several 
boys who were natives. In the play, young "Val- 
encia, a nephew of Chabolla, injured the horse of 
young Pyle, and so much so, that the latter had to 
borrow a horse of Chabolla, on which to return 
home. After Pyle had been gone a short time, the 
remaining boys began to plague Valencia, by tell- 
ing him how much his mother would have to pay 
Pyle's father for the injury committed on the 
horse. It annoyed Valencia very much, and after 
studying the subject over for a few moments, 
jumped upon his horse and rode off without ob- 
serving to anybody his intentions. He overtook 
young Pyle on the road, threw a lasso over his 
head, and dragged him some distance on the 
ground. He stop|)ed a moment, looked around, 
saw Pyle crawling on his hands and knees with his 
tongue hanging out of his mouth, and finally con- 
cluded the best way was to kill him immediately, 
and bury the remains. This he did. He, shortly 



AND SURROUNDINGS. 199 

• 

after, told his uncle Anistasio Chabolla, who, it is 
said, went with the boy to the spot of burial to 
see if the body had been sufficiently covered to 
prevent detection. Through fear of that, there- 
mains were reburied. There was a general search 
made by the people in San Jose, to find the miss- 
ing boy. No clue could be ascertained, but the 
Pyle family believed that the Chabolla family, and 
some other of their particular friends, knew what 
had become of the lost son. 

In the year 1849, a brother of the deceased Pyle 
was in tlie San Joaquin valley, where he met a per- 
son whom he believed knew that his brother had • 
been murdered, and by whom. Pyle pointed 
his gun at the man's breast, and said to him : 
'' If you do not tell me all about the murder of 
my brother, I will kill you right here." He finally 
confessed that he knew all about the death of the 
deceased, and related the facts. Pyle brought 
him to this valley, and had young Valencia arres- 
ted. They also found the remains of the mur- 
dered boy; then Valencia confessed the whole 
matter. He was arraigned before R. H. Dimick, 
Judge of First Instance, tried in that Court by a 
jury, and convicted on his own confession, and the 
other corroborating circumstances. 

While he was in the Court-house, subsequent 
to the trial, apparently not well guarded, a Mexi- 
can rode up, jumped off his horse, and exclaimed, 
not very loudly, that he had a fast horse, if any- 



200 • HISTORY OF SAN JOSE 

body wanted it; but the boy did not avail himself 
of the opportunity to attempt escape. Shortly 
after, he said to an American who was in the jail 
talking with him about the transaction, that he 
did not wish to live ; that every night he could 
see Pyle on liis hands and knees, with his tongue 
out, staring at him; that the continual nightly 
apparition gave him more trouble than there were 
pleasures in life. He was taken out on Market 
square, at about its centre, and there, in the 
presence of Judge Dimick, mounted on horse, the 
Alcalde, and a crowd of spectators, he made his 
transition to eternity. 

From that time onward, no small number of 
executions checkered the annals of San Jose. In- 
dolence, disappointment, a general recklessness of 
life, and gambling-hells, produced a numerous band 
of adventurers, who became adepts in the art of 
theft and murder. Their name in the State was 
legion; they coursed the roads and by-ways 
through the land. Their opportunities for escape 
were exceedingly good, on account of the extent 
and character of the country. If all had been 
caught and convicted that deserved the halter, 
the hangman would have had no reason to com- 
plain of inactivity. 




JUZGADO- MEXICAN COURT HOUSE 




LGOODH OH D E 



STATE HOUSE 1849. SAN J OS E 



AND SURROUNDINGS. 201 



CHAPTER XVI. 

1849. 

San Jose Delegates to State Convention. — Influence of White andEeed 
in making San Jose the Capital. — Vote of San Jose for Governor. — 
Governor Burnett's Family. — Legislative House; Difficulties in 
Obtaining One; How Obtained; Its Description; Its Destruction 
by Fire. 

The population had this year become so great, 
the diversity of transactions such, the ignorance 
of the Mexican laws so universal among the new 
comers, the scarcity of these laws, and their in- 
applicability to the w^ants of the American people ; 
the impossibility of Congress to make proper 
provisions therefor in due time, all demanded a 
State government for the Territory of California. 
The state of affairs was peculiar, and it required 
an unusual procedure to meet the actual necessi- 
ties in governmental functions. Of this fact, 
among the most intelligent, there were no two 
opinions. How to govern the people under this 
extraordinary state of heterogeneity, which was, 
day by day, increasing, was the all-absorbing ques- 
tion. People met, consulted, and their views were 
made known to the Military Governor, General 
Riley. He was by no means ignorant of the con- 
dition and wants of the people. He concurred in 
the views generally expressed; and, therefore, con- 



202 HISTORY OF SAN JOSfi 

eluded that a State government ought to be formed 
immediately. In pursuance of this conclusion, he 
issued a proclamation on the third of June, re- 
questing the people to meet in their respective 
districts, on the first day of the following August, 
and to elect delegates to the Convention, to be 
held at Monterey, on the first da}^ of the following- 
September, to form a State Constitution. The 
proclamation assigned the number of delegates to 
be elected in each district, and declared that the 
Constitution so formed, w/)uld be submitted to the 
people for their approval at a subsequent election 
that fall. San Jose sent the following delegates 
to that Convention: Joseph Aram, Kimble .H. 
Dimick, J. D. Hoppe, Antonio M. Pico, Elam 
Brown, Julian Hanks and Pedro Sainsevain. 

While the Convention was in session, the peo- 
ple of San Jose held a meeting, at which Messrs. 
Charles White and James F. Reed were elected as 
a committee, to proceed to Monterey, and exert 
their influence w^ith the members, in order to have 
San Jose fixed in the Constitution as the perma- 
nent seat of the government. When the day ar- 
rived for the vote to be taken upon that question, 
the San Jose members were in good spirits — they 
had marshaled their forces in good order. Mr. 
Semple, President of the Convention, and member 
from Benicia, submitted an arrangement to thera, 
that if they w^ould be satisfied to have the first 
session of the Legislature at Benicia, and forever 



AND SURROUNDINGS. .203 

after at San Jose, the proposition, he believed, 
could be carried; but it was not in harmony with 
the San Jose delegates' views, for they were afraid- 
of the question in that shape. They had promised 
the Convention to have a suitable building in San 
Jose, for the reception of the Legislative body in 
the ensuing December. As is well known, the 
vote was carried in favor of the latter place. It 
required some boldness on the part of the repre- 
sentatives of San Jose, to make the promise to 
have a proper building in order, by the fifteenth 
of December; inasmuch as they had no such a one 
under their control, and none in the town then 
completed. 

At the election to ratify or to disapprove of the 
State Constitution, which was held on the thir- 
teenth day of November following, San Jose dis- 
trict gave 'five hundred and sixty-seven votes for, 
and none against, its adoption. The district also 
gave its vote for Governor, as follows : For Peter 
H. Burnett, five hundred and seventeen ; and for W. 
S. Sherwood, thirty-six. The Governor was then 
known as Judge Burnett; he had lived in Oregon; 
and came to this Territory with a high character 
for integrity and ability, and, although not person- 
all v known to many, as no one man was at that 
time, yet tlie few who chanced to meet him were 
favorably impressed, and their opinion was widely 
circulated. There was a universal satisfaction 
with his name, in connection with the guber- 



204 ■ HISTORY OF SAN JOSfi 

natorial duties; besides he .had another recom- 
mendation : he had a family, and that fact had an 
immense influence. His opponent was a bachelor. 
They circulated the fact that he had two interest- 
ing daughters, and that carried a man's convictions 
immediately with the Judge. Many had been 
fortunate enough to form their acquaintance, and 
testified that, although quite young, they were 
affable, pretty, and interesting. One- is now the 
wife of the Hon. C. T. Ryland, once Speaker of 
the Assembly, and the other, that of Hon. Wm. 
T. Wallace, one of the Justices of the Supreme 
Court of this State. At that time, men stood on 
tip-toe to get a sight of a female; she appeared as 
novel as a curiosity shop. Workmen would lay 
down their tools, run to the door, and gaze with' 
delight at a passing lady. The thoughts of home 
came to them. They had been months on the 
road to reach this promised land, had seen no 
female face, heard the sweet accents of no female 
voice, and a review of home sights brought reflec- 
tions, accompanied with sighs. 

The residence occupied by the Governor a part 
of the year 1850, still stands on the east side of 
Seeond, and near San Carlos, street. It is one 
story high, and presents anything but the appear- 
ance of an executive mansion. But in those days, 
indeed, it was no mean form of shelter. He moved 
into a new two-storied house at Alviso about 
December, 1850. Many an accomplished gentle- 



AND SURROUNDINGS. 205 

man was nightly slumbering beneath an ordinary 
tent, not equal to many possessed by the common 
soldier of our army. Market and .^anta Clara 
streets had their rows of tents and cloth houses. 
Some places of shelter were composed of boards 
and cloth, banked up on the sides with mud. 
Other streets w^re about as elegantly adorned, 
even as late as 1851. 

In 1849, Messrs. Sainsevain and Rochon built a 
large adobe structure, on the south half of lot No. 
six, block one, range one, south of the base line, 
which is on the east side of Market square, between 
the two adobe houses now standing; they intended 
it for a hotel. It was the most appropriate house 
for the session of the Legislature which existed 
in the town at that period. The Ayuntamiento 
(Town Council), on the petition of the citizens, 
were about to rent this house for the Legislature, 
at the rate of four thousand dollars per month; 
in fact, did make this contract. Upon reconsider- 
ation, it was thought better to purchase the build- 
ing than to pay such an exorbitant rent. Another 
difficulty immediately presented itself; the owners 
of the building were unwilling to take the Pueblo 
authorities as security. The Pueblo did not have 
the money to purchase, nor credit either to rent 
or purchase. The responsible and interested citi- 
zens saw that they were actually compelled to come 
to the rescue, financially. The honor of the Pueblo, 
of the citizens, and of the delegates to the Con- 



206 HISTORY OF SAN JOSE 

vention, were at stake. They had represented to 
that body that the Legislature should be amply 
provided with buildings and conveniences. Nine- 
teen of those citizens voluntaril}^ came forward and 
executed a note for thirty-four thousand dollars 
gold coin, bearing interest at eight per cent, per 
month from^date, until paid. Tho^e citizens were 
of the following names: R. M. May, James F. 
Reed J Peter Davidson, Wm. McCutchan, Joseph 
Aram, David Dickey, Charles White, F. Lightston, 
R. C. Keyes, Peter Quivy, J. D. Hoppe, J. C. 
Cobb, K. H. Dimick, Benj. Cory, W. H. Eddy, 
G. C. Cook, Isaac Branham, J. Belden, and P. 
Sainsevain. 

The deed of the premises was executed by the 
owners thereof to Messrs. Aram, Belden and Reed, 
in trust for the purchasers, to be conveyed to the 
Pueblo whenever it should pay for the same. The 
Legislature passed an appropriation of fifty thou- 
sand dollars to pay for the building. Bonds were 
issued for that amount and for that purpose, bear- 
ing interest at two and a half per cent, per month. 
The credit of the new State was not considered 
equal to coin in hand. The bonds were sold at 
the rate of forty cents on the dollar. The amount 
received from the sale thereof was applied in liqui- 
dation of the note given, leaving considerable of 
the indebtedness unpaid. To enforce the payment 
of the remainder, suit was instituted against the 



AND SURROUNDINGS. 207 

city; all whicli further proceedings in relation 
thereto will fully appear in Appendix No. 4. 

I shall now describe that building, because it is 
associated with many facts interesting to all in the 
State. It was the hall where was gathered the 
first Legislative Assembly on the Pacifi(? coast ; it 
was the hall where the first gubernatorial message 
■svas read to the representatives of the people ; it 
was the hall where the first State machinery was 
put in motion ; it was the hall where the State was 
first divided into counties, cities, and towns; it 
was the hall where the first Senators were elected 
to represent the new State in the Federal Legis- 
lature of the country ; it w^as the hall where the 
great and long-established principles of the com- 
mon law of England was first made the rule of 
decision here. I have given an engraving of that 
building, that the visual may assist the mental 
organs, beyond what verbal illustration can depict. 
Ordinary as the structure may seem for the pur- 
poses of its occupancy, it is not without its useful- 
ness, in aidhig the mind to form a correct history 
of the contemporaneous character of the general 
improvements of the country. 

This building was sixty feet long, forty feet wide, 
two stories high, and adorned with a piazza in 
front. The upper story contained but one room, 
with a stairway leading thereto. This room was 
occupied by the Assembly. The lower story was 
divided into four rooms. The lai'gest one was 



208 HISTORY OF SAN JOS:^ 

forty by twenty feet, and was the Senate chamber. 
The other rooms were used by the Secretary and 
various committees. The building was destroyed 
by fire on Friday, the 29th day of April, 1853, at 
about tour o'clock, a.m. Whether it was by the 
hand of an* incendiary or not, is unknown. 

In front of it stood a liberty-pole, the top splice 
of which was the same that stood \before the Juzgado, 
bearing the ample folds of the first United States 
colors which wafted in this valley. This same top 
splice forms the upper part of the pole now in front 
of the engine house on Lightston alley. The gilt 
ball at the top contains a written history of the 
facts pertaining thereto. 



AND SURROUNDINGS. 209 



CHAPTER XYII. 

1849-50. 

City Hotel; Its Character. — Mansion House; Its Character; Tricks 
Played Therein; Its Destruction by Fire. 

How many thousand upon thousand times has 
tlie expression, " The Winter of 'Forty-nine, and 
the Spring of 'Fifty," fell from the lips of Califor- 
nians ? And how many whose fortune, ill or good, 
it was to have been in California durino; that 
period, do not now recount those by-gone scenes, 
as though they had their existence in a dream- 
land. Who does not look back on those checkered 
portions of his life, with wonder, some with de- 
light mingled with sorrow ? What a mighty school 
it was for the study of human nature! Lessons 
were taught and learned in every department of 
that study; some that were pleasing to the noblest 
mind,* and some revolting, even to the most cal- 
loused of human wretches. The canopy of heaven 
was the only tent spread over the slumbering heads 
of thousands ; some sheltered by canvas, had sheet- 
less, nay, blanketless beds, some no beds at all. 
While thousands were thus without the actual com- 
forts of life, others were burdened with the very 
weight of their golden harvest. To them, a few 
short months had yielded more than a long life of 

14 



210 HISTOIJV OF ir^AN .lOSK 

toil liad to olhcvs. (^ilitornia itsolf was indood a 
miniaturo world. In fact, many a- town, liamlol 
:M.d canii) was ono on a. snialhu' scale. Tlio pojju- 
lation was a nu>sai(' work, fornuMl iVoni pieces of 
Inuuanity picked IVom every nation on the lialtit- 
ablo glol)0; and tlioy stood in bold (Htntrast, one 
with the other. Some of the most polished of the 
hnnian form were set by the roui>;hest. San Jose 
was not an exception, she exhibitcMl (he same ar- 
tistic and unartistic classitieatiou of the hnnian 
race. Jhit, being the capital of the Stalv, IIkmh' was 
a large majority of the better class here, it then 
appealed, as it has since, as thongh each man was 
for himself. A hnngry man at a hotel, waiting for 
the gong to declare " dinner ready/' was not over 
polite in insisting upon any one eating before him- 
self. 

At the opening of the session of the Legislature, 
the principal hotel of San Jose was known as the 
City Hotel, situate on the west side of First street, 
and between Santa (""lara and St. John streets, 
aiid about opposite tlu' l)ri(d; stal>l(\ now standing, 
and owned by Tatiicdv Wcdcli. It was a I'ranu^ 
building, one and a, half story high, 'fhe table 
Avas remarkably good, — equal to many of the ])res- 
ent day. Vegetables were the scarce articles. 
Although very good, the boarding was expensive. 
The jirice was hve dollars in gold per day; that is, 
board and lodging. The sleeping apaTtments were 
not equal to the eating; in fact, the house Avas not 



AND SClUiOUNlJlNCS. 2 J 1 

sufficiently large to accommodato one half, nay, 
one fourth of the boarders; the diiiing-i oorn and 
?jar-room floors were used to stretch out the weary 
eaters at night; not only occasionally, but regu- 
larly as the night came, and no deduction of jiiice 
was made because a boarder was kind enougli to 
get so low down. Whether a man had rest d on 
the floor, or on the best bed in the house, he soon 
loujif] that, alUiongh not caring much for a great 
deal of, or very elegant fuinitnre, yet, he did deem 
it absolutely necessary to have about him a pocket 
comb; and when he was about to purchfjse that 
article, he never for a moment doubted whether 
to take a fhie or coarse one. lie found Joint-ten- 
ants in that house, which claimed and took posses- 
sion, though not registered; nor could they be 
ejected by the law, except the law of self-preserva- 
tion. If a man scratched his head, nobody for a 
moment supposed it was for an idea. if thej-e 
were no ideas running in his head, there were other 
subjects that attracted his attention. It was a 
hazardous undertaking to attempt to eat at the 
first table; the rush was so great, that crowding 
through the dining-room door, put one in mind of 
trying to drive a four-horse team through a single 
door of a stable. 

A dimier cost two dollars, a good bed for a night's 
lodging the same; but one could obtain a cot, or bunk 
with blankets, one night, for one dollar. Eggs 
were worth fifty cents each, vegetables of all kinds 



212 HISTORY OF SAN JOSfi 

were scarce and high; potatoes were the principal 
vegetables eaten, and the only class that appeared 
to be found at all times; a few onions at twenty-five 
or fifty cents each could be had. Beef and mut- 
ton were the only meats, with the exception of, 
now and then, chickens, wild duck, rabbit and 
squirrels, at high rates. 

The hotel known as the " Mansion House," was 
situate on the east side of First street, where the 
newly-erected building called the "Music Hall," 
now stands. H was commenced in 1849, and 
ready for use by the fore part of 1850, some time 
in February. It was built by Joseph S. Ruckle, at 
a cost of about one hundred thousand dollars; the 
pirincipal materials of the walls were adobes. It 
was two stories high, with a piazza in front, and 
a wing in the rear used as the dining-room. It 
was really a stylish hotel for California in those 
days, and the table was exceedingly good, consider- 
ing the difficulty in procuring requisite articles for 
food. The prices were of course correspondingly 
high. It was the hotel of the town, and equal to 
for most any in the State. It contained a large and 
noted fireplace; noted because it was so large; it 
was the topic of conversation by every traveler who 
chanced to place himself before it in a winter's 
night. There you saw the big back-log, wrapped 
in lurid flames, and as you sat there on a winter's 
eve, gazing into its briglitness, listening to its roar 
and the beating rain without, and feeling perfectly 



AND SURROUNDINGS. 213 

comfortable, your thoughts would involuntarily 
carry you back to your eastern home, where and 
when you once formed one in the family circle 
around the hearthstone, and heard the merry laugh 
mingled with the wintry blast. There were no 
railroads, no telegraphs then, to bring you news 
with lightning speed, it came only every twenty- 
five days by steamer. And how often did men 
sit and gaze at that fire, as wdth a vacant stare, and 
wonder if the next steamer would bring the sad 
news, that Death had gathered a victim from 
among their loved ones in the far-ojQf East ? Who 
does not remember the big andirons placed sub- 
sequently in that fire-place, by Mr. Abe Beatty ? 
Andirons that weighed two hundred and twenty- 
four pounds. Their weight was so deceptive, that 
many a bet was made on them, and many a glass 
of liquor drank at the expense of the loser. 

If all the amusing incidents could be recounted 
which transpired in that hotel, they would fill a 
volume of interesting matter. There was many a 
joke told as a bottle lost its cork ; many a trick 
played which made the air ring with laughter; and 
the spirits hovered in and out of the jug, like fairies 
in a midsummer's eve. I cannot refrain from re- 
lating one trick, as it appears too good to be 
lost : Judge Watson, the first District Judge of 
this district, was exceedingly fond of a joke — par- 
ticularly if it were fastened on some one besides 
himself; but to do him justice, I will say that, 



214 HISTORY OF SAN JOSE 

when the laugh was on him, he bore it with a he- 
coming grace. He was as full of humor and wit 
as he was of law. I will not gauge either. In 
1850, the Judge wore a beaver which then cost 
sixteen dollars. Among his acquaintance were 
Ben. Lippincott and George McDougal, both of 
whom were full of wit, and of quick perception^ 
Now, Lippincott was a noted shot on the wing. 
On one occasion, the latter two went out on a hunt, 
and while absent, set a trap for the Judge. They 
loaded their guns with a double charge of powder 
and shot, the charges being put in separately. On 
their return to the hotel, they placed their guns 
beliind the bar. McDougal observed the Judge in 
the back-yard, at the washstand, washing his face 
and hands, went out to meet him, and washed his 
own hands, so as to make it appear that they met 
by chance. McDougal remarked to the Judge that 
Lippincott thought himself very smart, and that 
he thought he could play the d— 1 at shooting. 
But says Mc: "Judge, I think we can fix him. 
Now, you and I will withdraw the charge out of 
his .gun and mine too, and then you bet him a 
box of champagne that he can't hit your hat when 
you throw it up in the air." That was just the 
thing for the Judge — nothing had pleased him so 
well for a long time, for he would have preferred 
to catch Lippincott by a trick than any one else 
he knew. The Judge was full of ectasy — he 
smiled all over — in fact, his flice was as bright as 



AND SURROUNDINGS. 215 

a gilt globe on a liberty-pole. He and Mc. with- 
drew a charge from each gun. Theii the Judge 
sought Lippincott, and said : " Ben, are you ready 
to try your skill ? You are pretty good on the 
wing; but, good as you are, I will bet you a box 
of champagne that you can't take your gun now 
and hit my hat as I throw it up." "Judge, I'll 
take that bet," said Ben. Out went the party, 
followed by a crowd, some of whom were in the 
secret. Up went the hat, crack went the giin, 
through the hat went the shot, and a long and 
loud shout went from the crowd, which made the 
welkin ring. On the swarthy face of the Judge 
an expression of awe and amazement sat enthroned, 
causing him to appear for a moment as thougli he 
had forgotten that he had an observer; but, quick 
as the shifting of a theatrical scene, his counten- 
ance changed, and he joined then in concert with 
the hearty laugh of the crowd. The Jud'ge thought 
himself badly sold — he really thought it a large 
sale; not so much- in real merchandise, although 
the hat and champagne cost money in those days ; 
but he was sold in feeling — it was no small an^ount 
of chagrim that he suffered to think that J3en. Lip- 
pincott should sell him, after he had supposed the 
trap so well set for Ben himself. This trick made 
a sore place in the Judge, and it was a long time 
before he entirely recovered. 

To complete the episode on the Mansion House. 
I will state that Mr. Abe Beatty took possession 



216 HISTORY OF SAN JOSfi 

of it in 1853, and kept it many 3^ears. His first 
breakfast in it was on the fourth of March, of that 
3^ ear. Beatty even prides himself on that breakfast 
to this day. He tells now that people not only ate 
it with a gusto, but that they talked about it long 
afterwards. He paid seventy-fiv^e cents per pound 
for salmon, to please the palates which surrounded 
that bountiful table. Cost was not considered — 
palates only. 

That Mansion House, which was a pleasant man- 
sion to many, for a long time, was consumed by 
fire, at three o'clock, on Wednesday morning, May 
31st, 1865. 



AND SURROUNDINGS. 217 



CHAPTER XVIII. 

1849-50. 

Legislature. — Governors. — Candidates for United States Senate; Their 
Election. — Bill to Remove Capital. — Party given to Legislatiu-e. 
Pneblo Grants. — Governor's Proclamation prohibiting Grants. — 
Delegates from Deseret. — Ayuntamiento. — Trial before Court of 
First Instance. — District Court. — Amusements. — -Gold Excitement. 
— Fourth of July. — Escape of Hernandez.— Crimes. 

On Saturday, the fifteenth of December, 1849, 
the first Legislature of tlie State met. The As- 
sembly occupied the second story of the State 
House; but the lower portion, which was designed 
for the Senate, not being ready, the latter body held 
their sittings for a short period in the house of 
Isaac Branham, situated in the southwest corner 
of Market plaza. Only six senators were present 
the first day. 

On Sunda}^, Gov. Riley and Secretary Halleck 
arrived. On Monday nearly all the members were 
present. 

There was some dissatisfaction in regard to the 
legislative building, and the accommodations gen- 
erally, in the town. Many expressed a desire to re- 
move the Capital from San Jose, immediately. On 
the 19th, Geo. B. Tingley, a member of the House 
from Sacramento, offered a bill to the e fleet that 
the Legislature remove the Capital to Monterey. 



218 ■ HISTORY OF SAN JOSfi 

The bill passed to the first reading, and was laid 
over for further action. On the twentieth, Gov. 
Riley resigned his gubernatorial office, and by his 
order, dated " Head Quarters Tenth Military 
Department, San Jose, Gal., December 20th, 
1849, ( Order No. 41, ) " Gapt. H. W. Halleck was 
relieved as Secretary of State. On the same day, 
Governor Peter H. Burnett was sworn in office, by 
K. H. Dimick, Judge of the Gourt of First Instance. 

There were several gentlemen in town who were 
perfectly willing to serve in the United States Sen- 
ate, for the benefit of Galifornia. On the twenti- 
eth, Col. J. G. Fremont received a majorit}^ of six 
votes, and Dr. Wm. M. Gwin, a majority of two. 

On the following day, Gov. Burnett delivered his 
message, at twelve o'clock, M. It would have been 
difficult at that day to have found any town. in the 
State which possessed all the conveniences of life. 
Yet, not a day passed that some growing was not 
heard, by those within the Legislative department, 
as well as many without. The complaints were 
not all justly founded, considering the state of the 
country. And those who made them were hoping 
to have the removal of the Gapital to some place, 
where they would be pecuniarily benefited. All 
the complaints were not in favor of a removal, un- 
less it could be to the place which they had re- 
spectively seL^cted. And as there were several 
places in the minds of the different members, each 
thinking his own the best; the difierences of opin- 



AND SURROUNDINGS. 219 

ion favored San Jose. The citizens, knowing of 
the complaints, and that it was necessary to do all 
that could be done to content the assembled wis- 
dom of the State, made a great move for a party. 
And Thursday, December 27th, was announced as 
the night for the grand ball. It was given by the 
citizens to the Legislature, in the Assembly Hall. 
Ladies were scarce, and of course, the country was 
raked for Senoritas. There was a large number of 
females; one wondered whence they came. Never- 
theless, they came, saw, and were seen, danced 
and drank. 

Now and then was given a sly wink of the eye, 
between some American ladies, and. between them 
and a friend of the other sex, as the senoritas in 
the whirl of the dance showed their red and their 
yellow flannel petticoats. If the natives were not 
so fashionable in their under or outer dress, they 
were certaitily graceful in their motion, and were 
rather entitled to the palm over their new and 
whiter neighbors of the same sex. 

The dance went on as ''merry as a marriage 
bell." All were in high glee. Spirits were plenty; 
some hovered where you saw them not, but the 
sound thereof was not lost. 

It is well known to the early settlers of this 
State ; that the first Legislature received the ap- 
pellation of the " Legislature of a thousand 
drinks." With no disrespect for the members of 
that body, I never heard one of them deny that 



220 HISTORY OF SAN JOSfi 

the baptismal name was improperly bestowed upon 
them. They were good drinkers — they drank 
like men. If they could not stand the ceremony 
on any particular occasion, they would lie down 
to it with a becoming grace. I knew one to be 
laid Out, with a white sheet spread over him, and 
six lighted candles around him. He appeared to 
be in the spirit land. He was really on land, with 
the spirits in him^too full for utterance. But to 
do justice to this body of men, there were but a 
very few among them who were given to drinking 
habitually ; and, as for official labor, they performed, 
probably, more than any subsequent legislative 
body of the State, in the same given time. 

In the Senate-house there was many a trick 
played, many a joke passed, the recollection of 
which produces a smile upon the faces of those 
who witnessed them. It was not unfrequently 
that, as a person was walking up sftiirs with a 
lighted candle, a shot from a revolver would ex- 
tinguish it. Then what shouts of laughter rang 
through the building at the scared individual ! 
Those who fired were marksmen; their aim was 
true, and they knew it. 

The pay of the members was sixteen dollars per 
diem. 

The respectiv^e candidates for the United States 
Senate kept ranches, as they were termed ; that is, 
they kept open houses. All who entered drank 
free, and freely. Under the circumstances, they 



AND SURROUNDINGS. 221 

could afford to. Every man who drank, of course, 
wished that the owner of the establishment might 
be the sacccssful candidate for the Senate. That 
wish would be expressed half a dozen times a day, 
in as many different houses. A great deal of 
solicitude would be indicated just about the time 
for drinks. 

Soon after the installation of the Goveror, he 
had been informed of the frequent grants made 
by the Pueblo authorities of the municipal lands; 
and at prices, too, which did not justify such gener- 
osity on the part of those who should have been 
the guardians of the citizens' riglit in those lands. 
Pueblo lands had been granted for a song. And 
it was evident that, although the Pueblo had had 
a large extent of land, the probability was that it 
would not long retain enough for building purposes 
to meet the demands of the Pueblo itself, in the 
way of pubttc grounds. The Governor, therefore, in 
order to protect the Pueblo, issued a proclamation, 
on the second day of January, directed to the Pre- 
fect, that he might lay the same before the Ayun- 
tamiento (Town Council,) and have it placed 
among their records, which is as follows: 

" Prefect's Office. 
" To the Illustrious Ayuntamiento : 

'' Gentlemen : — His Excellency the Governor 
has forwarded to me an order, of which the follow- 
ing is a copy : 



222 HISTORY OF SAN JOSfi 

^' Whereas, it hath been represented to the un- 
dersigned, Governor of the State of California, 
that there are many portions of the municipal 
lands of the Pueblo de San Jose that have not yet 
been sold or granted to individuals; that the 
said lands are far more valuable than the price 
required to be paid by the existing laws; that 
some of said lands may become most important as 
sites for public buildings hereafter to be erected; 
and that if said lands were sold to the highest 
bidder, a large amount of municipal funds could 
be raised for this use of said Pueblo. 

"Now, therefore, I, Peter H. Burnett, Governor 
of the State of California, in the Ucmie and by the 
authority of the people of said State, do order 
and declare, that no further grants or sales of said 
land shall be made by the Ayuntamiento and Al- 
calde of said Pueblo de San Jose, or by either of 
them, or by any other authority, until* the further 
order of the executive of said State; or until the 
Legislature of said State shall have passed some 
Act in reference to said lands. 

" In all cases where the Ayuntamiento has or- 
dered any of said lands to be granted by the 
Alcalde, and the grants have not been completed, 
they shall also be suspended until like further 
order, or legislation by the competent authority. 

" You will cause this order to be communicated 
to the illustrious Ayuntamiento, who will place 
the same upon record in their office. 



AND SURROUNDINGS. 223 

" Given under my hand, at the Pueblo of San 
Jose, this second day of January, in the year of 
our Lord one thousand eight hundred and fifty, 
and of the Independence of the United States the 
seventy-fourth. 

'Teter H. Burnett, Governor of CaL 
"Antonio M. Pico, Prefect." 

Early in January, 1850, two delegates appeared 
here with a somewhat novel petition, purporting 
to be an expression of the people of the • new 
'' State of Deseret;" wherein they requested that 
Deseret might be included within the State of 
California. The residents in Great Salt Lake 
Basin had held a convention in March, 1849; 
formed a constitution, .and approved the same by 
the popular vote. They subsequently learned 
that the. people in California were about to send 
delegates' to a convention to form aState constitu- 
tion, and they deemed it advisable to be repre- 
sented in that bodly; therefore, they chose ten 
delegates for that purpose. On their arrival in 
this State, they learned that the State Convention 
had adjourned. They w^ere anxious that another 
convention should be held here, to take into con- 
sideration the proposition of the people of Deseret. 
They, at least, desired .that the convention might 
be again called, if for no other purpose than to 
include within the boundaries of the State of Cali- 
fornia, the Great Basin. Governor Burnett could 



224 HISTORY OF SAN JOSfi 

not see any benefit which would accrue to Califor- 
nia by such a movement, and, therefore, he recom- 
mended the Legislature not to comply with the 
solicitations of the Deseret delegates. Thus the 
matter ended. 

The Ayuntamiento (Town Council,) of San Jose, 
were not as large a body as the Legislature of the 
State, yet the land of the Pueblo over which they 
exercised control, was extensive; and, in fact, ac- 
cording to the decision of the United States Court, 
and the survey, the Pueblo lands embr^cB as 
much, and even more, than some of the European 
Principalities. Whether it was the importance of 
the landed estate of the Pueblo, or the importance 
which the members of the Ayuntamiento placed 
upon themselves, I know not ; or, whether it was 
the arduous duties assigned them, which caused 
them to decide that their services were as valuable 
to the Pueblo, as those of the legislators to the 
State ; nevertheless, be their opinion as it may have 
been, they were not to be measured in their pecun- 
iary value, by a less standard than that adopted by 
those legislators. They voted themselves sixteen 
dollars per day. Dr. Benjamin Cory (now of this 
city), was a member of that illustrious body; but 
the Doctor was not so avaricious in his declaration 
as the majority. He voted that the members 
should serve without any pay. The majority hav- 
ing carried the resolution in favor of the sixteen 
dollars per diem, objected that the Doctor should 



AND SURROUNDINGS. 225 

receive his pay, after voting against tlie resolution. 
The Doctor considered that he had carried the 
notion of economy far enough by his vote, and, 
inasmuch, as the other members were receiving 
their pay, he deemed it his duty to act in accord- 
ance with the tenor of the resolution as adopted. 
He, therefore, insisted on, and received his pay 
likewise. 

Receiving so much pay which came from the citi- 
zens of the Pueblo — not in scrip .as the legislators 
were paid — but in gold, they, I presume, made 
some pretensions to be watching over the welfare 
of the Pueblo. They doubtless believed that they 
could in no way better exhibit that watchfulness, 
than to turn their attention to the landholders 
under Pueblo grants. And, as the Five-Hundred- 
Acre titles were conditional grants, they ascer- 
tained that the conditions, in most instances, had 
not been complied with. They, therefore, on the 
eleventh of February, 1850, passed a resolution, 
declaring them forfeited. As far as is known to 
any living mortal, no good or evil ever resulted to 
any body by the passage of this act of forfeiture. 

On the twenty-ninth of March, 1850, the Legis- 
lature elected District Judges for the State. John 
H. Watson was elected as Judge of the Third Dis- 
trict, which includes the county of Santa Clara. 

On the twenty-seventh day of March, an act was 
passed incorporating the City of San Jose. And 

15 



226 HISTORY OF SAN JOSE 

on the eleventh day of April, 1850, the Ayuii- 
tamiento held its last meeting. 

The Common Council, under the new charter, 
assembled for the first time on the thirteenth day 
of April. 

The Court of First Instance held its last session 
on the 30th of March, 1850. A somewhat noted 
case was tried in this court, not long before its final 
termination. There was a suit instituted for the 
possession of a mule. His honor. Judge Kinkaid 
was on the bench, and John Yontz acting Sheriff. 
There was considerable excitement during the 
trial, (which was by a jury,) on account of the 
fact that about a dozen witnesses on each side, 
swore diametrically opposite to each other. The 
fact was, there were two mules which resembled 
each other so much, that a man seeing one of 
them in one place, and the other in another 
place, would naturally believe they were the 
same animal. The character of the witnesses on 
both sides stood high, and thus the astonishment. 
Finally, the mule in dispute was brought to the 
court-house, and there the hair was shaved off on 
the left hip where the brand was. This solved 
the mystery. Yontz asked the Court if he should 
bring him in. " Yes," says Judge Kinkaid, " Mr. 
Yontz you will bring him in;" the Court supposing 
he meant a witness. In came Yontz with a very 
sober face, and with the mule, which was no small- 
sized one, for it took all the room to turn around 



AND SURROUNDINGS. 227 

in. Tlie Judge looked with suprise at that mulish 
parade, and with a good deal of indignation, ex- 
claimed, "Mr. Yonlz, take that mule out of here, 
sir; what do you mean, sir, this court will fine you 
sir, for contempt!" "But, your Honor," says 
Yontz, " ordered me to bring him in, and I obeyed 
the order." "Yes sir, Mr. Sheriff, you know 
better than that; this court will fine you for con- 
tempt! " Thus talked the Judge in no very good 
humor. No one can depict verbally the scene; 
and no one can appreciate it well who did not 
know the parties. The sober and full face of the 
facetious Sheriff, the withered face of the Judge 
his whining voice, his peculiar disposition, and the 
look of the motley crowd, most or many of whom 
knew Judge and Sheriff; all are necessary to rightly 
enjoy that novel court scene. This trial and the 
old Juzgado in which ^t took place, will have a 
place on the same shelf in the inemory of many of 
the bystanders. 

The District Court, first opened its term, on the 
twenty-second day of April. John H. Watson, 
Judge, and John Yontz, Sherifl; The first case 
tried was that of Clemente Penaud vs. liamon Hur- 
tado, Antonio Laman, Francisco Ballesteras, and 
Joaquin Bennetez. It was a case in equity, for 
the foreclosure of a mortgage given to secure the 
payment of five thousand dollars, with interest at 
eight per cent, per month. This suit gives evidence 
of the financial transactions of the times 



Tho almost l\\)i;l»tlv anmsomont was iho fin- 
UuuiCv^ ^^iluuooV TUtMV wore sonu> vorv ivspoo(abK> 
lUios. i\\\d smwo whioh. at this Uay. woiiKl woi bo 
oalUnl vorv vivspoolable. TUo lorm nn;\hi Ih> ovm\ 
Kuionnl rolutivo in it>* sipufioaiion. li (u^poiuuul 
u i:;vHHl (IvmI oh [\\k' Hoiious o\ (ho aitoiulaiu ai 
»uoh phioos, ami a i^iooii iitnd lui iho sjMi-it of iho 
tin\os. Thv^so ramlanii:(\s, wlunv iho luou Uopt (hoir 
hats on. aiul troatod thoir partuors al'lvM* ouv-h 
dawoo, wouM nol al ihv^ [mwsoui da\ ho oousuUmoiI 
of a lii^'ih KMiod v'hara^-lor. Thorv^woro tVo*|iiou( 
pariivvs wlioro u liuK> luoiv ^uoutilitv wius oxluhito^h 
lit iniili. oonsiiloriui;" tho tiiiios ami oountrv tht\v 
woro vorv a^'i'otnihU\ Thi^ ditVonMU'o \\\ hui^'uagt'^ 
in somo iU\^roo. |>ro!iihitv\l a tVoo (>\rhauj>,o oi' 
ivU^a^s boi\\v\Mi iho iwv* 5»oxos, whorolho Aiuorioaus 
woro ill o\ooss. Inn tlion. wliai ouo oouhl not 
woU sav iu so many worv^, ho iiuaii;iuo(l. u'l^^ssoil. 
or mado siji'us; aiul. ou ih.o wlioh\ ihv* paitios woro 
uovol ami iulorostil\g\ 

Thi^ ^^rami outvn'-tloor anmsoiuouts W'ore tho 
bull ami boar tighis. Thov tin^k plaoo t^oiuotimos 
iM\ St. .himos. aiul svMuotimos ou Markot Squaro. 
Tho boar vii^l nol always tii;iirtv (Joiiorally, 
iho bulls atul iho Spanish o\porLs ouiorovl iho 
ftron«. So\no of iho |>ortornuuioo{* woro oxootvl- 
inglv good. Tho uolors wore adopts, aiul showovl 
groat aoiivity. anil a want of foar. Ninv aid 
thot\. au Indian boy, who had boon raisod vmi 
tho rauohos whoro oaltlo abound, fanoiod ihal ho 



AND HimifMlINI)IN<;H. 



TJL\) 



could <liH|»lii,y fiH rriiirli nj'ilil.y iiiHlnr r;uil;i,i^,l,ic.;i,lly 
(IrcMHc'l cviktI; jiii'I, iiTh-r llic cliicr iirl-orn liiui 
(•oii''lii<l<'<l I li'ir 111 I., Ill'- lii'lniii w'dtl'l Ixf'iii \\\:\ 
,|i.|,|;iy. lie vvoiiM, |)i<»l»:il)ly, 'lo<l;'<- Mx; hull :i, 
few IJiiM'M wil.lioiil, rccfiviii^Mi Hc,r;i,l<:li ; l»ul-, l/clor*^ 
li'iH liiiiil c.-.il, Im* would Im; iJirown \\\yW'r lliiui Mm; 
Ix'iU'H ill VViiJI Hl-r'M'l,, luid uHUtiJIy cain'; down rccl- 

'"K f»liyHi<',nJly worH(\ 

'I'll,. I, ,.;,,■ ..,,,,1 JHill li;'lil;', w<T(t iifjl, u\\<>'.<i'.\\M'r 

wil-lioiil, iiilcri-Hl,. VVImii -y lui;'*', liim^':ry Ix'.'ir ol' 

ii, iJioiiMiiiid |)oiiiidH W''ij.',l''i 'iil'K-d III'; !i.r<'Mii,,}uid 

WiiH (dciiiM'd, :iiid IJk' wild Lull ki. out, ol" IiIh dsU'k- 

ciK-d hIhII, iJic HrclK' Imm-;ii,i<- <• ;;r,il i i,(- . 'I'Ik! H;i,VU^(} 

1,1,(1 (|iiir,k <l;i,rL of IIp' Lull, III'! Hl.<;rn look of IIm- 

|>(!IU', Willi lii ! Iiii;','* |'='W I'^iidy l-o ^0!i,|.|)l(! I,li<; :i.d- 

v:iii''iiiy; i'lKMiiy, jitwidiiccd i-il'-iK'o ;iiid ;i.Mciilioii. 

All ciicoinil/'T WiiH l/cn ili<'- ii.iid Moody. 'I'Ik; l»o;ir 

ric(tiii«d l,o \v:il' li lor lii;i cliiinr.c to r;t;ih'ii ii|»oii tlic 

toilj.nif of I Ik- IhiII ; lot^ vvli<-ii IJiiil liold iH <dd,jiili<:(|, 

111,. I, III! Im'coiikh Uio \>n-y of I he l)<:ii,r. In si.r<'U, 

|,1j,, hull l,:i(i lli(t !i,dv?i.iil,:i.;'<', :iH Hi'! wliol't iir'Mia 

vvJiH Hulii'''-I, to liin r'ljuri, TIk- Ixiir Ix-irij.'; fjiHl'-iicj 

with !i (di:iiii, li:i'l l»ut, :il.oiil, (ilt,<r.|i r<«'l, to circth; 

in. h^oiiifliiii'i; IJkm'oiiI.''. I- waH }i,l»'»iit, <(|ii;il ; I»nI, 

/i;<Mi(M'!illy, Uk; IxmI", il' n"! Hi-kI/ (!.vliii,iisl(;d lndor(; 

<'.iil,(!riiiji; lor l>li<! iiJIV;i.y, w;ih vi';lori'MiH. Hu'di w«!I'<j 

1,Im! Hfi'irl-M of SpuiiiHli and M(!xi''.:i.ii fiil'Tl-niniimrilM, 

Am iiKiiiy wli'i liaVfJi-iMtciilly roiii<- to IJiIh coiiiilry, 

iiiid oIImt;^. wIio luivr never l»<'''ii lioic, know ii'dliiii;^ 

ii,!;oiit, tli<- iiptlK.d oC cui'diiii;'; Un; v/v^-'^h l>*'!<-i', '•' 



230 HISTORY OF SAN JOSE 

may not be uninteresting to read something per- 
taining thereto. The Mexicans are not noted for 
their accuracy in rifle-shooting, and they were not 
accustomed to hunt the bear with rifles. Whether 
they desired to preserve the life of the bear after 
he was taken or not^ they had but one way to 
Jiunt him. Usually three or four hunted together^ 
on horseback, with lassoes. They carried fresh 
meat, or killed a bullock near the habited place of 
the bears, and watched for bruin's appetite and 
scent to bring him to the desired spot. AYhile the 
hungry animal was making way with his repast, 
the Mexicans advanced with lasso in hand, and, 
when near enough, one was thrown over his head, 
and quickly drawn in so as to choke him. An- 
other Mexican came to the rear, and, as the bear 
advanced, endeavored to throw another ksso 
under one of his hind feet; and, if successful, 
he pulled back, while the one who held the hisso 
which was around the neck of the bear, pulled in 
the opposite direction. Thus bruin, being held 
between two taut ropes, was rather helpless. The 
third man then dismounted, and firmly tied the 
feet of the bear together. He was then secure, 
and, in order to bring him to town, he was put 
upon a dry bullock-hide, or a cart, and drawn b}^ 
oxen. It requires a good deal of nerve, and good 
horses, to play thus with the .grizzlies. Many an 
American who considers himself a good shot, 
would not seek the employment of catching live 



AND SURROUNDINGS. 231 

grizzlies. The lasso, although fiimiliar to all Cali- 
fornians, is not so to all Americans, and, as familiar 
as the Californians are with its use, they may not 
know its antiquity. It was used by a pastoral 
people, who were of Persian descent, and of whom 
eight thousand accompanied the army of Xerxes.* 

Sunday was the usual day for bull fights. Sun- 
day, February 3d, the people of San Jose were 
entertained by a great exhibition of a fellow-man 
putting himself on a level with a beast. I.suppose 
the bull stood the highest, when he raised himself 
to his utmost dignity. 

On Sunday, the third of March, there was a 
good deal of amusement mixed with a good deal 
of excitement. It was reported all over the valley 
that gold had been discovered in the bed of the 
Coyote Creek. There was a general rush. Picks, 
shovels, crow-bars, and pans had a large sale. 
Members of the Legislature, clerks, w^aiters, con- 
cluded suddenly to change their vocation. There 
was no situation which brought ordinary pay that 
would induce them to keep away from the Coyote 
creek. The gold was there, and they intended to 
have it. Twenty-four hours' time brought pickaxes 
down — some into the ground, and all in price. 
The distance to the diggings was too short to keep 
up the excitement. Half of the people who went 
would not own it ; and the time necessary to go 

*Keriiel, on tb.e'20 Satrapies of Darius, Hystaspes p. 287. 



232 HISTORY OF SAN JOSfi 

and return was so short, that it was not easy to 
prove it on all of them. 

The next great excitement and amusement was 
the race between the Sonoma horse and An- 
dres Pico, on Monday, April 1st. The race took 
place in the southeast part of town, about a mile 
from the Plaza. The wager was ten thousand dol- 
lars. The Sonoma horse was victorious. There 
was a large attendance, and a good deal of excite- 
ment, necessarily from the amount of the wager. 

Fourth of July. — The first .anniversary of our 
Independence was not forgotten here. There was 
a grand celebration, and as much and more interest 
felt than on such occasions in the Eastern States. 
The isolation from the other States made the feel- 
ing of national pride increase. We felt as though 
we were in a foreign land ; and the tendency was 
to brighten and to vivify the love of the whole 
country in every American. On that occasion, 
the Hon. William Yoorhies delivered the oration. 
James M. Jones also delivered one in Spanish, for 
the benefit of the Mexicans present. Mr. Sanford, 
(lawyer, from Georgia,) read the Declaration of 
Independence. Thirteen young ladies, dressed in 
blue spencers and white skirts, rode on horseback, 
followed by the ^^ Eagle Guards," commanded by 
Captain Thomas White; also, live hundred citi- 
zens, some on horseback, some in carriages, and 
some afoot, made up the national pageant, that 
wound its way to the south of the town, a mile or 



AND SURROUNDINGS. 233 

more, in the grove near the Almaden road. And 
there the ceremony was performed, to the great 
pleasure and pride of the American settlers in this 
new country. 

The greatest excitement of this year was the 
escape of Mariano Hernandez. He had been in- 
dicted in one of the upper counties for the murder 
of one John Foster, whom he robbed, it was said, 
of about twenty thousand dollars. Report said 
that he had also murdered another man. One 
Billy Savage, who was a friend of Foster's, came 
to San Jose with a writ of arrest to take Her- 
nandez to the county wherein he had been in- 
dicted. He had been arrested and placed in jail. 
To complete some transaction between Hernandez 
and Mr. White, it was nece'ssary that the former 
should sign some papers. A writ was issued by 
Judge Redman, commanding the Sheriff to bring 
the said Hernandez before the Judge, for the pur- 
poses aforesaid. Mr. Yontz, as Sheriff, brought 
the prisoner out of jail, in obedience to the w^'it. 
On the road from the jail to the office of Judge 
Redman, the prisoner escaped. Judge Redman, 
in walking out, met Savage near the corner of 
Santa Clara and First streets, and said to him : 
"The bird has flown." ''What do you mean?" 
said Savage. '^ I mean that Hernandez has got 
> away," observed the Judge. Savage, boiling over 
with wrath, exclaimed: "The man who let him 
go has got my money!" Savage had previously 



234 HISTORY OF SAN JOSfi 

said that part of the money in Foster's possession 
when murdered, belonged to him. The next day, 
an indignation meeting was held on First street, 
almost opposite the Mansion House. Threats were 
made against the County Judge and the Sheriff, 
more particularly the latter, as he had the prisoner 
in charge when he escaped. Some were in favor 
of hanging both Judge and Sheriff; others coun- 
seled peace. Finally, the meeting adjourned 
without committing any violence. Public opinion 
was divided on the question of the guilt of the 
Judge and Sheriff. But Savage kept up his fury ; 
and he declared he would bring his Indians into 
San Jose and sack it. Some fears existed lest he 
might attempt to carry out his hellish purpose. 
He had been living with the Indians, had married 
a squaw, and had great influence with them. The 
people began to look about lo ascertain what arms 
were available, in case of need. The police-ofiicers 
procured the services of Harry Bee, to lead them 
over the eastern range of mountains, in order to 
acquaint themselves with the passes and general 
topography of the country. Also, to learn, if pos- 
sible, the probable route of Savage and his savage 
companions. Fortunately, the citizens heard no 
Indian yells, saw no scalping-knives, and felt no 
bearded arrows. Fears were allayed, nerves became 
quiet, for it was believed that the tomahawk was 
buried somewhere; but, as none of the citizens 



AND SURROUNDINGS. 235 

were at the burial, the exact location was as much 
unknown as the sepulchre of Moses. 

Crimes were numerous. It was not safe to 
travel nights without being armed. The country 
was so sparsely settled that it was difficult to catch 
criminals. Every few days some one was mur- 
dered in the valley. A Mexican was murdered 
about three miles from town, near Mr. Kell's, on 
the Almaden road. Much excitement was created 
by the murder and arson committed on Sunday, 
December 15th, in Mr. Bester's house, w^est of 
town, and near Los Gatos creek. E. Gr. Baker, 
Digby B. Smith, and Mr. Wood, were murdered 
and their bodies burned. About seven o'clock 
that evening, their neighbor, Mr. Hamilton, heard 
a noise, and soon thereafter, saw the house in 
flames. It was supposed that the murdering party 
were anxious to kill Mr Bester; but he was not at 
home that evening. The funeral sermon over the 
remains of the deceased, was preached by the 
Rev. Mr. Brayton, in the Presbyterian church, just 
finished. It was the first sermon preached in that 
house, which stood where the brick one now is. 



236 HISTORY OF SAN JOSfi 



CHAPTER XIX. 

1850— 1851. 

Eoads, Travel and Stage Fare. — Eailroad Meeting. — Newspapers; 
"State Journal;" "San Jose Daily Argus;" "San Jose Weekly- 
Visitor." — Improvements, 1850. — Churches. — Schools. — 'Cholera. — 
Legislature, 1851. — State Scrip. — Eemoval of Capital. — Dullness 
of the City. — Crimes and Executions. — Meeting for Division of 
State, and Delegates Elected. — Court-House. 

The roads were "exceedingly bad in every direc- 
tion during the rainy season. They had not been 
worked, nor could the city or county afford to 
work them much. The amount of work neces- 
sary, at this early day, to make the roads on low 
land passable, and the high prices of labor, were 
sufficient reasons why the authorities could not in- 
dulge the citizens in the luxury of graded and 
graveled roads. The road to Alviso was very ex- 
tensive in width; in fact, all the roads were, as 
there were no fences. It was fortunate that trav- 
• elers had so much territory to roam over. Xo 
one track could have been traveled long, as the 
ground was so soft that the wheels soon sank to 
the hubs. Messrs. Ackley & Morrison established 
a tri-weekly stage to San 'Frai!cisco, in April, 
1850, making the trip in nine hours. In the 
spring of 1850, John W. Whistman put on a stage 
line to San Jose; the price of fare was thirty-two 



AND SURROUNDINGS. 237 

dollars, or, as the expression then was, two 
ounces; shortly before, by way of Alviso, it was 
thirty-five dollars. In September of that year, 
Hall and Crandall purchased the line of Whistman. 
That road in places was so muddy that passengers 
never failed to have a little pedestrian exercise. 
The road to Santa Clara, through the Alameda, 
was impassable for about four months in the year. 
A circuit of five or six miles was made to reach 
that town during the wet season. Santa Clara 
street, between First and Market, was very muddy; 
and, at the corner of Market and Santa Clara, 
there existed a pond of water, called the " Hoppe 
Pond," from the fact that it was in front of his 
house. At the junction of* Santa" Clara and Fir^ 
streets, on the west side of the former, there was a 
low place, usually filled with water in the winter. 
The road became so bad to San Francisco, that 
in the winter of 1850-1, the stages were with- 
drawn, and the mail and passengers went by 
Alviso. The stages to that place connected with 
the two steamboats, Wm. Roh'mson and New Star. 
It was not, unfrequently, that people, in their own 
conveyances, got lost on the road to San Fran- 
cisco, if they traveled after dark. There were no 
fences to guide them, and, if the fog came up, 
they were almost sure to lose the road, and often 
find that they had traveled in a circle, and were at 
last compelled to remain stationary until morning. 



238 HISTORY OF SAN JOSfi 

A railroad meeting was held here January 26th, 
1851, when resolutions were adopted to open 
books for subscription for a railroad from this city 
to San Francisco. Calculations were then made 
as to the amount of money paid out for the trans- 
portation of passengers and freight over that route. 
The following estimate was made for the seven 
months preceding the first of February, 1851: 
Ten thousand and five hundred passengers, at six- 
teen dollars each, (the price of fare at that time), 
making one hundred and sixty-eight thousand 
dollars; besides two million feet of lumber to 
Alviso, at fifteen dollars per thousand. Several 
subsequent meetings were held, and, by the fourth 
9f July, about fifty thousand dollars had been 
subscribed. By the last of December, the road 
had been surveyed by Wm. J. Lewis, civil engin- 
eer, and a report made thereof, which was pub- 
lished December 26th. The cost of the road was 
then estimated as follows: Construction of road, 
$1,385,726.17; buildings and fixtures, $49,000; 
running furniture, $104,400; total, $1,539,126.17. 

In July, 1851, the fare was reduced to San 
Francisco from sixteen to t'^n dollars ; and to 
Monterey twenty-five dollars, on the semi- weekly 
line of stages o^ned by Hall & Crandall. 

The first newspaper ever established and printed 
in this valley was the "State Journal," a semi- 
weekly, edited by James B. Devoe, and first issued 
on the nineteenth day of December, 1850. 



AND SURROUNDINGS. 239 

The main object of this paper was to elect 
James M. Crane to the United States Senate. 
Fremont had been elected for the short term the 
year before, and, as his term would expire 
within another year, many were in favor of taking 
time by the forelock, and during the session of 
1851, provide for the next senatorial term. Fre- 
mont was likewise in the field again, and he had 
his journalistic organ, which was the San Jose 
'' Daily Argus," the first number of which was pub- 
lished on Saturday, the fourth day of January, 
1851. Tlie proprietors were Messrs. C. M. Blake 
& Co., Mr. Blake being the editor. This was the 
sixteenth paper published in the State, and the 
third Democratic one. 

Neither of these journals remained long after 
the adjournment of the Legislature, in the spring 
of 1851. 

The first permanent journal was the "San Jose 
Weekly Visitor," the first number of which was is- 
sued Friday, June 20th, 1851, and the last on June 
4th, 1852. Messrs. Damon, Emerson & Jones were 
the publishers for the first six months, when Da- 
mon's name was withdrawn. Mr. J. C. Emerson 
continued the publication, with A. Jones, Jr. as 
editor. The " Visitor "first sailed under Whig colors; 
but in October it came out with a notice that 
thenceforth it would be Democratic. Probably, 
the political tincture was not deep; the change 
was on the ground, doubtless, of even-handed jus- 



240 HISTORY OF SAN JOSE 

tice, as there was no other paper in the county, 
its proprietors considered that to do justice, it 
should talk a little for both parties before the year 
expired. The office of this paper was on the west 
side of First, south of and near Santa Clara street. 

The fantastic-looking structure, on the east side 
of San Pedro street, formerly called the Pavilion, 
and subsequently the United States Hotel, was 
erected this year. The frame was made in Australia. 
Its cost, after its completion, amounted to about 
fifty thousand dollars. Mechanics obtained sixteen 
dollars per day for their labor at this period. This 
building never was made profitable; its location 
was disadvantageous. 

The large two-story building on the west side 
of Market, near El Dorado street, was built this 
year by A. Chatelle, at a cost of nearly fifty thou- 
sand dollars. It was called the French Hotel. 
It was occupied, principally below, for gambling, 
and was crowded nightly. Many thousands of ' 
dollars changed hands in that building. It was 
the gambling establishment of the town. Pretty 
seiioritas smiled their loveliest, and the band dis- 
coursed its sweetest strains, to allure the passers-by 
to walk in, and try their fortune at the game of 
chance. The greatest variety of games was pre- 
sented; and no one who desired to try his luck on 
the turn of cards, or any game of chance, need have 
left on account of the mode of operation. Every 



AND SURROUNDINGS. 241 

style coiiM be liadL with greater certainty than 
every stj'le of cooking at tlie restaurants. 

A very fine adobe building was erected by J. 
D. Hoppe, on the northeast corner of Market and 
Santa Clara streets. The adobes of which this 
house was constructed came from the Juzgado* 
(Court-house), which was torn down that year. 
This building of Mr. Hoppe's was two stories high, 
and elegantly finished, inside and out. The ex- 
terior surface was painted and penciled in squares, 
in imitation of stone. The lower story was used 
as a store, in which Hoppe had an extensive assort- 
ment of goods. He occupied the upper story as 
a dwelling-house. The cost of the building was 
twenty thousand dollars. It was the most elegant 
edifice in the town or county, when completed. 
It was erected under the supervision of Levi Good- 
rich, as architect. 

Mr. Goodrich also built for Frank Lightstone 
the two adobe one-story buildings, now standing 
nearly in -front of the Auzerais House, on Santa 
Clara street. 

• The house now owned and occupied by Mrs. 
Samuel J. Hensley, was built by 0. L. Crosby. 

Wm. Yan Yoorhies (then Secretary of State), 
built the cream-colored frame building on Third 
street, near William. ^ 

The first Court-house, under the American 
system of laws, was built on the west side of First 
street, a little south of the Archer building, and 

16 



242 HISTORY OF SAN JOSfi 

opposite the Archer alley, leading to Second street. 
The lower part was adobe, and used as a Court- 
room; the upper part was frame, and used for 
offices; the Clerk's office was below, iif the north 
end. 

» Messrs. May, Lee, and McCune built the hotel 
now called the Morgan House, on the corner of 
First and San Fernando streets. May kept a 
boarding-house there for several months. On the 
fourth day of December, 1851, John E,. Price 
opened it as a hotel, which he kept as such several 
years. 

The honse known as the Bella Union, situated 
on the north side of Santa Clara street, where the 
Auzerais House now stands, was built this year, 
and opened as a drinking saloon about Christmas. 
The frame was brought fi'om the eastern States. 
It was two stories high and had a sheet-iron roof. 
It may be seen in the engraving of the view of 
Santa Clara street, as it appeared in 1851. 

On the east side of Market, between Santa Clara 
and El Dorado streets, stood the Star Fonda, a res- 
taurant kept by a Chilanian, which was well kept 
and well patronized. The hotels have«already been 
alluded to. " 

There were a few other buildings erected this 
year, of small dimensions, and of frame; and but a 
few. Tents were numerous. The high wages of 
carpenters, of materials, and of labor generally, 
retarded the growth of the town, architecturally. 



AND SURROUNDINGS. ^^6 

A neat little frame church of the Presbyterian 
denomination was erected on Second street, where 
the brick one now stands. It was painted white, 
had green blinds, and could contain about five hun- 
dred people. It was refreshing to the eye of civihza- 
tion. Its first pastor was the Rev. — —Bray ton. " 
He was quite popular, mild and gentle in his 
manner; and made agreeable impressions on his 
first acquaintance with strangers. This church 
still stands in the rear of its first location. 

The Baptists had a church on Santa Clara 
street, betwe^ Second and Third, where the 
Opera House now stands. It was burned down in 
1854. The Catholic church was one of long 
standing, and has already been described in a 
former chapter. 

The Rev. E. Bannister taught a -school, called 
the San Jose Academy, where the English and 
classics were learned. 

The cholera appeared in the fall, taking away 
but a few of the white population. It was con- 
fined principally to the natives, who were impru- 
dent in tlieir habits and mode of living. 

The Legislature assembled on the sixth of Janu- 
ary. The town was rapidly filling up with stran- 
gers, much to the gratification of hotel-keepers and 
boarding-house proprietors. On th*8th,the Gov- 
ernor tendered his resignation to the Legislature, 
which was accepted on the 11th; and John Mc- 
Dougal sworn in as his successor. As the question 



244 HISTORY OF SAN JOSf] 

of the removal of tlie Capital from San Jos6 
was one of the leading ones, and one which 
affected the city more than any other, the citi- 
zens were quite active in catering to the wishes 
of the members of tlie Legislative body. As their 
pay was in State scrip, which was by no means at 
par in market, it was of no small moment to the 
holders of that currency, to know how they could 
make it available in the payment of tlieir daily 
expenses. Their expenses were high, and were to 
be met weekly; and those who were not exceed- 
ingly Hush, looked to the compentation derived 
from their services to the State, as the resource of 
their current expenditures. Finally, the citizens 
had induced the hotel-keepers, and boarding-house 
proprietors, to receive State scrip from the mem- 
bers for board, at par. That did much to allay 
and modify the dislike to San Jose. Tkat alone 
was insuflicicnt, on the i)art of San Jose, when 
other places were making extravagant bids for the 
Capital. James F. Keed offered four blocks of 
land, and onC' hundred and sixty lots, which were 
to be sold to raise funds for building the Capitol. 
This bid was made by the citizens through Mr. 
Reed. Charles White offered one and a half 
square miles of land, about three miles distant from 
the center of* the city, upon conditions that the 
State should lay it oil' in lots for sale; reserving 
therefrom a sullicient area for public buildings, 
and that one third of the amount realized from the 



AND SURROUNDINGS. 245 

sales tliercof, should be paid to him, and the re- 
maining two thirds to the State, to be used in 
building. 

Another olFor had been made l)y John Town- 
send and others, of two hundred acres in the 
vicinity of the town; ])rovided, tlie State would 
build thereon the State buildings, except the l*eni- 
tentiary. The prominent citizens were not inac- 
tive in the exercise of their influence wiih the 
members of the Legislature, on the Capital ques- 
tion. They counted noses daily, to see what 
changes had taken place. Tiiey were aware that 
deeds for town lots in Vallcjo, were numerous. 
They had tlieir suspicion into whose liands some 
of these deeds might fall. In fact, up to the hour 
of midnight, previous to the taking of the vote, 
according to promises, San Jose had the requisite 
number to prevent a removal. JJefoi-e the vote 
was actually taken, Vallejo had gone San Jos6 • 
better, in the language of the card dealers; hence 
the removal. It was a bargain and sale. The 
Vallejo party understood the dish which they were 
preparing, and they watched every cook that had 
a finger in it. They salted one of the cooks, and 
the dish was seasoned ci'propos. The Act of Re- 
moval was passed February 14th. 

After the question was wholly concluded, the 
citizens here did not feel under nuuih obligation 
to be over generous towards the parties that had 
deprived them of what was justly theirs — theirs 



246 HISTORY OF SAN JOSE 

because San Jose was the best location, considering 
the welfare of the whole State. 

As the promise to take State scrip for board 
had no definite period as to its duration, the 
proprietors of the hotels and boarding-houses 
were of the opinion that there was no profit, in 
receiving scrip at par; and they politely informed 
the , members of the Legislature that they were 
exceedingly sorry that State scrip did not pass at 
par value ; but, as they were in no way responsi- 
ble for its depreciation, they could not accept it 
in lieu of gold. Accordingly, board bills were 
paid thereafter in gold, or scrip at gold prices. 

The adjournment of the Legislature, and the 
fact that the Capital was removed, had a disastrous 
effect on the growth of the city. Everything 
seemed to be at a standstill. The titles w^ere not 
considered as perfectly settled. The Alcalde titles 
for building lots had been granted by American 
Alcaldes ; some while the country w^as occupied 
by a military force, prior to the treaty with 
Mexico, and some subsequent to the treaty. Many 
lawyers, and some Judges, were of opinion that 
grants of Pueblo lands made snbsequent to the 
period at which the American flag was hoisted 
here, were invalid. This year appeared to be the 
dullest d.uring the American occupancy of San 
Jose. Although dull in honest transactions, crime 
seemed to abound in proportion to the decadence 
of financial prosperity. The " Sacramento Tran- 



AND SURROUNDINGS. 247 

script" observed, in its issue of January 6th, that 
"Crime continues to be rife in San Jos6 and 
viciint}^ Scarcely a day passes without bringing 
something new to light." Three convicts escaped 
from the jail on the thirtieth of January. Francisco 
Gutierrez was executed for murder July 18th. 
On Sunday morning. September 7th, there was 
some excitement created by the appearance of a 
dead body swinging on the gallows. The deceased 
had been hung during the previous night. 

The Academy of Notre Dame was established. 
The building erected therefor was built of wood, 
two stories high, and stood in front of the present 
College of Notre Dame, close to the street. From 
its commencement it was well patronized. More 
will be said of it hereafter. 

During this year, the San Jose Acadeni}^, under 
the Rev. E. Bannister, as principal, was incorpo- 
rated, havino- a board of nine trustees. Its first 
term closed November 28th. 

On the eleventh of September, a meeting, called 
the Division Meeting, was held in the Court-house, 
to elect delegates to the convention to be held at 
Monterey, on the fifteenth, to take into considera- 
tion the division, of the State. The following per- 
sons were elected: Robert McCall, Geo. W. Crane, 
R. P. B. Caldwell, Clias. E. Allen, Geo. B. Ting- 
ley, Joseph Aram, John W. Williams, Wm. R. 
Bassham, Julius Martin, Thomas Bodly, John H. 
Merril, and John H. Watson. 



248 HISTORY OF SAN JOSfi 

The county procured the use of the Bella Union, 
on Santa Clara street, as a Court-house. The 
denomination of Northern Methodists erected a 
frame church on the south side of Santa Clara 
street, between First and Second. It could ac- 
commodate about six hundred persons. 

There was but little improvement this year in 
the way of building. 



AND 'SURROUNDINGS. 249 



CHAPTER XX. 

1853-lSGO. 

Crimes. — Puuislimeut, — Execution for Grand Larceny. — Muij^er of 
Smith. — Express Company. — Suit of City against Connty. — San 
Jose Academy. — " Santa Clara Register. " — Fire. — Election. — Ded- 
ication of Methodist Church. — Civil and Military School. — Prin- 
cipal Hotels. — Treasiu-y Robbed. — Bascom Institute. — Common 
Schools. — Explosion on Jenny Lind. — Mrs. Hensley's Premises. — 
Santa Clara Street Improvements. — City Vote. — Telegraph Line. — 
Improvements. — College of Notre Dame. — Advance of Real Es- 
tate. — St. James Square Granted for Depot. — "Semi-Weekly 
Tribune." — Artesian Wells.— Money for Indigent Sick, — San Jose 
the Capital. — Removal of Supreme Court to San Jose. — Agi-icul- 
tural Society Organized. — Stage Faro to San Francisco. — Church 
Burned. — Bell Purchased for Hook and Ladder Company. — Engine 
Company Organized. — Berreyessa Execiited. — Fire Engine Piu'- 
chased. — Engine House. — Vote. — City Hall. — Indebtedness of City. 
— City Loan. — County Jail. — School by Gates. — Improvements.— 
" San Jose Telegraph." — Omnibusses to Santa Clara. — Bells tolled 
for King of William. — Piiblic Meetings on Vigilance Committees, 
— Earthquakes. — Reincorporation of City. — Fire. — Execution of 
Cardoza. — Organization of Fire Department, and of Torrent En. 
gine Company, No. 2. — Common Schools. — Number of Children. — 
Cemetery Enclosed. — Railroad Meeting. — Rules of Cemetery by 
Ordinance. — Improvements. — Crosby Shot. — Fire. — Election. — 
Squatter Meeting. — Dedication of BajDtist Church.^City Expendi- 
tures. — Notice of Land Company and Commissioners of Funeied 
Debt. — Horace Greeley. — Theater. — Incorporation of Agi-icultural 
Society. — "Daily Reporter." — Mass Meeting. — "Weekly Report- 
er." — School Fund. — Court House. 

1852. The history of the first few years of tliis 
decade is blotted with crime througlioiit the State: 
and San Jose has not been fortunate enough to be 
excepted from the catalogue of criminal localities. 
Murder, highway robbery, and stealing, were 



250 HISTORY OF SAN JOS^ 

the avocations followed by no small number. 
The law permitted punishment by death, in the 
discretion of the jury, upon conviction of grand 
larceny. Such a law appeared necessary at this 
early day, so numerous were the thefts of live 
stock. 

Theodore Basquez was executed January 30th. 
He had been convicted of stealing a horse. The 
punishment, at the present day, seems beyond 
what justice would demand. In this instance, the 
punishment was not too severe ; the victim was 
an abandoned wretch, and had been indicted sev- 
eral times for crimes for which he had not been 
tried. 

Vigilance committees were in vogue, and this 
fact, doubtless, had a tendency to lessen crime. 
In February, the jail -was empty. 

March 4th. Pedro Montenager murdered Charles 
H. Smith. 

In this month an Express Company, by Reed & 
Kendall, commenced to run a line to San Francisco, 
by way of the boat. 

May — . The city of San Jose sued the County 
for the sum of $34,000, and interest at i^ j)^^ cent 
per month thereon, since 1850. The cause of the 
indebtedness w^as the purchase of the State House, 
for the use of the county as a court-house and 
county offices. A county not being a corporation 
at common law, and, there being no statute making 
this county a corporation; a demurrer was filed to 



AND SURROUNDINGS. 251 

the complaint, which the Court sustained, and dis- 
missed the case. The indebtedness was subse- 
quently settled by the county. 

The San Jose Academy, this year, was under the 
superintendence of J. M. Kimberlin as Principal. 

This month Priciliano Peres was murdered. 
Crime was rife in August and September. Atigust 
23d, an Indian was murdered in the city. Sep- 
tember 26th, four men were stabbed, some of whom 
died. On the 27th, James Blair was found dead^ 
having been murdered. Also, an Indian on the 
same day. On the 28th, an American, whose name 
was unknown, was murdered near the Townsend 
estate, about two miles northeast of the city. 

August 19. The "San Jose Weekly Visitor,'' 
changed its name to that of the "Santa Clara Reg- 
ister." Its last number bears date October 20th, 
1853. The paper under the latter name was pub- 
lished in the Bella Union building, (up stairs), on 
Santa Clara street; by J. C. Emerson, proprietor. 
The terms were six dollars per annum in advance. 

August 26. A large fire destroyed the residence 
of Samuel C. Young, on First street, the old Treas- 
sury building, and three others adjoining. Mr. 
Young burnt his hands severely in saving his child. 
His loss w^as over ten thousand dollars. Other 
parties lost several thousand dollars. It was sup- 
posed that the rats caused the fire by igniting 
matches. On the same night, early in the evening, 
another house burned belonging to Chabolla. 



252 HISTORY OF SAN JOSfi 

At the fall election, there were cast in the town- 
ship, five hundred and ninety-two votes. 

October. On the seventeenth, the Methodist 
brick church, on the corner of Second and San 
Fernando streets, was dedicated. 

On the twenty-third, a meeting was called to 
form a County Agricultural Society. 

November. A Civil and Military School was es- 
tablished, under Col. Charles A. Seefeld, Proff. 
Frederic Mooshake, and Hipolito Adler ; the latter 
as Administrator. 

On the 18th, the " Santa Clara Register" says that 
"there has been less crime; that no murder nor 
robbery has taken place for a fortnight past." It 
attributes the moral progress to the offices of the 
Vigilance Committees. Yet there was one execu- 
tion this month, but the crime, of course, was com- 
mitted long prior thereto. Ramon Romero was 
executed for the crime of grand larceny, on the 
twenty-sixth. On the seventeenth of December, 
an Indian was hung. 

On this day, the City Council passed an ordin- 
ance requiring property holders to lay a plank 
sidevValk ten feet wide in front of their respective 
premises. The principal hotels were the Mansion 
House, J. R. Price's hotel, corner of First and- San 
Fernando streets, and the French Hotel, kept by 
A. Chattelle, on Market street*. 

This was an exceedingly wet season ; which 
caused the roads to be traveled with much diffi- 



AND SURROUNDINGS. 253 

culty, in every direction. The Alameda road was 
impassable. 

Business had been dull this year for the first 
eight or ten months; but, near the close of the year, 
immigration to this county increased; and houses, 
to the amount of nearly one third which had been 
empty, now rapidly filled up. The old year went 
out, and the new one came in with new life and 
increased activity, in all departments of trade. 

1853. A little more than the first week of this 
year had passed, when the city was under an im- 
mense excitement, on account of the robbery of 
the County Treasury. On Sunday night, January 
9th, William Akenhead, Treasurer, declared that 
he had been knocked down and robbed of the keys 
of the safe ; that the darkness of the night and the 
suddenness of the blow, deprived him of the possi- 
bility of recognizing the robber. Twelve thou- 
sand dollars were missing. He stated that the 
money was in two bags — one linen, the other cot- 
ton ; one marked " State," and the other marked 
'^ County." On the eleventh, he offered a reward 
of one thousand dollars for the apprehension and 
conviction of the robbers. 

He further stated that, about eight o'clock in the 
evening, he heard a noise in the rear of the building; 
then shortly thereafter heard some one step upon the 
porch in front, and call his name ; that he opened 
the door, and as he stepped out he received a blow 
from a chib, which felled him to the ground ; that 



254 . HISTORY OF SAN JOSfi 

the robbers choked him, rifled his pockets, ob- 
tained the' safe key, and that two of them went 
into the office and took the money, most of which 
belonged to the State. 

There were two opinions about the robbery. 
Some were of opinion that none had taken place, 
and that the losses of Akenhead in gambling was 
the cause of what they considered a. concocted 
plan to settle accounts. No farther clue was ever 
obtained, and no evidence to place suspicion on 
any other living man. The next year, about fif- 
teenth of Februar}^, Akenhead suddenly left. His 
office was on the north side of San Fernando street, 
near the corner of Second. 

In January, the '' Santa Clara Register" com- 
menced its publication on Market street ; Emerson 
& Swope, proprietors. 

February. In this month was opened the Bas- 
com Institute, under the auspices of the Pacific 
Conference. Mrs. R. C. Hammond was principal. 
There were nine trustees, as managers. This 
school was for the education of young ladies ; it 
was well patronized, and was well conducted. It 
continued until October, 1859, bearing a. high 
character, and meeting with great success. It was 
the only Protestant one in the valley for a long 
time. 

March. This month a Common School was or- 
ganized, under the teaching of the Rev. Horace 



AND SURROUNDINGS. 255 

Richardson. In June, the committee employed 
Orrin Hinds to keep one in the Baptist church. 

April 11th. A deep gloom pervaded this whole 
community. On this day, the steamboat Jenny 
Lind left the wharf at Alviso, as usual, for San 
Francisco, with about one hundred and fifty souls 
on board. When opposite the Pulgas Ranch, the 
boiler exploded, scattering death and destruction. 
Some of the most' prominent men of this city were 
aboard — such as J. D. Hoppe and Chas. White; 
both of whom' among many others, died from the 
burning and scalding which they there received. 

On the fourteenth, a public meeting was called, 
and resokitions were passed expressing deep sym- 
pathy for the terrible affliction that had fallen 
upon so many of the citizens of this community. 

The elegant grounds now owned by Mrs. Samuel 
J. Hensley were laid off this year. Miijor Hens- 
ley purchased the premises this year from Mr. 0. 
L. Crosby. Mr. James R. Low, Sr.. an English- 
man by birth, who came many years ago to Massa- 
chusetts, thence here in 1852, .and who has ob- 
tained a fine reputation as a landscape-gardener, 
was the master-hand that superintended the plan- 
ning and adorning of this exquisite horticultural 
plot. The whole premises contain about twenty-five 
acres, one of which embraces the garden. In the 
spring and summer, it is the ground of enchant- 
ment. Here multifarious flowers greet the eye 
with every hue, and perfume the ambient air with 



256 HISTORY OF SAN JOSfi 

odorous breath; here grassy lawns are shaded by 
gracefully hanging boughs; here gurgling waters 
sparkle like a jeweled queen ; here the apple-blos- 
som from the cold clime greets the magnolia from 
the sunny south ; here the fusphia, the jessamine, 
the orange-blossom, the heliotrope, and the roses 
array themselves in vernal splendor, as if invited 
by Flora at a May-day festival of the goddesses ! 
Here the shell-bark stands by the English walnut 
and the almond, on friendly terms — all thriving 
luxuriously, as if indigenous to the same clime. As 
the passer-by halts to gaze at the enchanting scene, 
he fancies it is the abode of fairies, and he medi- 
tates for a moment, wondering if elsewhere on 
earth such a variety of the floral' kingdom live in 
harmony together. 

March 25th. The total indebtedness of the city 
was eighteen thousand four hundred and two dol- 
lars and nine cents. Subsequently, ten thousand 
dollars was received from the county in payment 
for the State House. This month the City Coun- 
cil passed an ordinance, making the license for 
gambling, five hundred dollars per month for 
each table. 

There was a great deal of talk about building a 
good stage road across the mountains, to the 
Mariposa mines, a distance of eighty-six miles. 
It was estimated that fifteen thousand dollars 
would defray the expense. The people of Stock- 
ton were not at all well pleased with the idea, lest 



AND SURROUNDINGS. 25 

the trade to that city would be lessened thereby. 
The matter ended in talk, as it is well known 
that no such road was ever built. 

March 29th. The State House, used as the court- 
house, burnt down. After this, the adobe build- 
ing of F. Lightstone, on Lightstone Alley, was 
occupied as the court-house, only for a few 
months, when the county purchased the house 
called the " What Cheer House," on the corner of 
San Fernando and Second streets, for a court- 
house. 

May. The city appropriated five hundred dol- 
lars to improve Santa Clara street, between 
First street and the acequia (ditch), which crossed 
the street near the college of Notre Dame. 

August. The San Jose Academy came under 
the charge of Samuel Lea, as Principal, and Orrin 
Hinds, as assistant. 

At the fall election, eight hundred and fifty- 
three votes were cast in the whole township. The 
same basis of the number of votes in a given 
location, which is usually adopted, will not suffice 
here, upon which to estimate the amount of popu- 
lation. In this State, at this early period, the 
larger proportion of the inhabitants were legal 
voters; that is, of American citizens. 

October. Telegraph poles and wires had been 
erected, connecting this city with San Francisco. 
It was a novelty, and quite an event in the his- 
tory of the place. The natives could not compre- 

17 



258 HISTORY OF SAN JOSfi 

hend it. One old Mexican waited nearly all one 
day to see the mail pass on the wires. An old 
Mexican lady looked at the poles with wonder. 
They had cross bars on them, to which the wires 
were attached. So many crosses erected in a 
Protestant country, struck the old lady with per- 
fect amazement. "Well!" said she, ''I believe 
these Americans are becoming good Catholics;" 
and yet, they were not more ignorant than a cer- 
tain American, who asked a friend to superscribe 
a letter, and remarked that he would like to have 
it done as soon as possible. The friend, knowing 
that the mail stage had already gone that day, in- 
quired why he was in such a hurry. The man 
replied that he intended to send it by telegraph. 
This is not a joke, nor a random statement; but a 
fact. 

October 8th. A great public meeting of settlers, 
to consider the necessary steps to be taken to re- 
sist the confirmation of the Pueblo claim of land. 
Resolutions were passed, and committees were 
appointed to report. 

October 20th. The " Santa Clara Register," was 
changed to that of " San Jose Telegraph and Santa 
Clara Register." 

November. Within the last year, it was estimat- 
ed that nearly one hundred houses had been 
erected in the city. There were no empty ones. 
Many were built of brick, — a material that had 
not been used, scarcely, in house-building prior to 



AND SURROUNDINGS. 259 

this. year. Eleven hundred and fifty thousand 
bricks were used this year in building houses in 
this city; nine thousand of which were made 
here, and the remainder at Santa Clara. Dr. 
Devigne built the house now on the southeast 
corner of Santa Clara street and Pacheco alley. 
The building on the southeast corner of Market 
and Santa Clara streets, was erected this year. 
Merritt and Brothers built a two-story brick house 
on Fifth near St. John street, which is now stand- 
ing. Messrs. Auzerais built their store on Market 
street. A two-story frame house was brought 
from San Francisco, and put up on the northwest 
corner of First and Santa Clara streets. 

The Sisters of Notre Dame commenced their 
brick college this year. They were forced by the 
increase of the number of pupils, to enlarge their 
premises. They have now one of the finest col- 
leges for young ladies in this State. The college is 
supplied witlf a large and well selected library, a 
fine cabinet containing a large variety of specimens 
in conchology; and complete philosophical and 
chemical apparatuses, for the instruction of the 
higher classes. Everything is taught here that is 
requisite for the graduated pupil to be termed an 
accomplished scholar. The buildings are substan- 
tial, and well fitted for their intended purposes. 
They present no gilded ceilings— no fretted domes — 
nor the brilliancy and beauty of many noble struct- 
ures that decorate more opulent cities; but they 



200 HISTORY OF SAN JOSE 

present an air of durability and comfort. The style 
of the architecture is Grecian. It has a front of one 
hundred and fifty-seven feet on Santa Clara street, 
with three entrances. The main centre building 
extends back about seventy-five feet, and has a 
pediment unadorned. It has two wings, each two 
hundred and five feet long, leaving in the centre 
a court for play-grounds. The centre building is 
adorned with a cupohi, from which a splendid pan- 
oramic view of the city and surrounding country 
may be had. The west wing is crowned with a 
neat spire. The main entrance is the centre one, 
on either side of which is a fluted Ionic column, 
about seven feet high, and one in diameter. This 
entrance leads into an ante-chamber, about sixteen 
feet square, which communicates with a parlor on 
each side. Passing through the chamber north- 
ward you enter a hall about twelve feet wide, 
running east and west through the building. 
Each story above has a correspondihg hall. The 
first floor has, besides many study rooms, a spacious 
one used for recreation, which is ninety by thirty- 
four feet, having folding doors across it, cutting off 
thereby one third of the space if desired. The 
Chapel on the same floor, is a neat and plain room, 
in the west wing, about sixty-five by thirty feet in 
area, and twenty-five high. On each side there 
are four high Roman windows. Behind the altar, 
which faces the entrance, is an alcove; on one side 
of which is a niche containing a sculptured image. 



AND SURROUNDINGS. , 26 

representing the Yirgin Mary; on the other side 
an image of Saint Joseph. Over the entrance is a 
small gallery with an organ, and a space sufficient 
for about a dozen singers. The second and third 
stories are used as dormitories. Five of the sleep- 
ing apartments are about fifty by thirty feet. All 
of them are well ventilated and neatly kept; hav- 
ing toilet rooms conveniently near on the opposite 
side of the hall. One of the apartments in the 
third story of the east wing, is ninety by thirty-one 
feet. This room is used as a depository of baggage, 
containing all of the trunlis belonging to the pu- 
pils, with their respective names marked thereon. 
There are several rooms reserved for persons who 
may become sick. The east wing was built in 
1862. The frame building first built in 1851, was 
removed in 1863. The grounds contain fourteen 
acres, enclosed with a brick wall about eight feet 
high, are beautifully laid off and adorned with 
flower beds, lawns, orchards of rich and beautiful 
fruits, and vines of choice grapes, all kept in a neat 
and tasteful condition. Whatever is attempted to 
be done on the premises, is well done. Many im- 
provements have been made within the last few 
years, until the premises have cost over one hun- 
hundred and fifty thousand dollars. 

In the last of November, real estate advanced 
rapidly. It was owing mainly to a belief that a 
railroad would soon be built to San Francisco. By 
the first of December, it was reported that all of 



262 HISTORY OF SAN JOSE 

the stock had been taken in the railroad company. 
Elliot Reed sold his cottage (now Wm. H. Hairs), 
just north of the Court-house, for five thousand 
dollars, double what it was worth the previous 
year. Dr. Devigne sold to Bonacino and Proto- 
. lonzo the house built by him on Santa Clara street, 
for eight thousand dollars. Frank Lightstone 
sold the lot on the southwest corner of First and 
Santa Clara streets, in September, for three thou- 
sand one hundred dollars. Three months there- 
after it was worth considerably more. 

The city .appropriated this winter one thousand 
five hundred dollars, for the improvement of Santa 
Clara street, from First street to the acequia, and 
one thousand dollars to improve the same street 
from the acequia to the bridge, and the repairs of 
the bridge on the Guadalupe. Tliecic}^, also, about 
the first of December, granted St. James' square 
for a railroad depot. This ordinance still stands 
as when first passed. 

1854. The Hook and Ladder Company was 
established January 3d. The San Jose " Semi- 
weekly Tribune" was issued about the fifth of 
January. As this year came rolling in, the artesian 
water first came surging up from its hidden depths, 
to play and sparkle in the living light of day. 
What a change ! What a wealth for this beautiful 
valley! Far beyond in value the discovery of a 
"dozen gold mines; it appeared to be the work of 
enchantment. This was the only thing that seemed 



AND SURROUNDINGS. 263 

to be wanting. All had felt that the scarcity of 
water for irrigation, and. good water for drinking, 
were the great necessaries of this lovely valley. Here 
was a genial clime, a rich soil embosomed in the 
hills, like a jewel in a deep setting. It was bril- 
liant in its vernal freshness; parched in the sum- 
mer's heat. Nature herself seemed dissatisfied with 
her work.' To complete it, she diademed the 
jewel with the sparkling element, and caused the 
fame of this land to spread like the light of the 
sun, all over the earth. And now, how lovely, 
how enchanting has this valley become, by the 
just combination of the elements! !Now, we be- 
hold the artificial currents interlacing, like silver 
threads, the innumerable blooming gardens and 
fruitful orchards ; nourishing myriads of multiform 
roots — dyeing the leaves with living green — the 
fiowers with varied colors of deepest hue : quench- 
ing the thirst of living man, and causing him to 
pause as he beholds the face of nature, to reflect 
upon the goodness, the wisdom, the power, and 
wondrous works of tlie Creator of all thino;s. 

The first well bored was that of Messrs. Merritt 
& Brothers, on Fifth street, on the premises where 
they built their brick house. It was in the first 
part of 'January that the boring was done. Water 
was reached at about fifty-five feet, but the boring 
j)roceeded to the depth of eighty feet, when a 
stream of water rushed up with great force, almost 
sufiicient to run a saw-mill. The bore was six 



264 HISTORY OF SAN JOSE 

inches in diameter. In the last week of the month, 
another well was bored on the premises of J. L. 
Shepard, about three miles east of San Jose. After 
passing through muck and clay a distance of seventy- 
five feet, the auger reached a substratum of sand, 
into which it sank some five feet, when the water 
gushed out with a tremendous power. The pijje 
was adjusted so that it reached sixteen feet above 
the surface of the ground, from which the water 
surged with a force and velocity surpassing the 
one bored by Merritt & Brothers. 

In the last of February, T. Meyers bored the 
next well. In August, Gr. A. Dabney bored one 
near San Fernando street, that exceeded all others 
in its volume of water. After boring six feet, the 
auger entered a bed of clay, through which, a dis- 
tance of fifty-four feet from the surface^ it pene- 
trated, when the water rushed up with a force 
unknown here in well-boring. It flooded the sur- 
rounding lands, so that it became a serious question 
how the water should be disposed of. The City 
Council considered it a nuisance, and passed 
an ordinance declaring that Dabney should stop 
the flow of water to such an extent; and, if not, 
he should pay a fine of fifty dollars for every day 
he allowed it thus to run. The ordinance had no 
effect on the dynamical properties of the water, nor 
any on Dabney; it flowed on, rising nine feet 
above the surface of the ground for about six 
weeks, when other wells which were bored in that 



AND SURROUNDINGS. 265 

vicinity lessened its force and volume. It was a 
curiosity, and it receiv^ed visitors daily. A stream 
flowed therefrom four feet wide and six inches 
deep. 

Not a work yet has been written about Cali- 
fornia, that does not contain errors concerning 
this county. I find the following in '' The Re- 
sources of California," by Hittell, page 67: '* Only 
a small portion of Santa Clara Valley jdelds arte- 
sian water. The artesian lies north of a line com- 
mencing at Mountain A^iew, thence running nine 
miles with the road through the town of Santa 
Clara to San Jose,. and thence southeast to the 
mountains. South of this line, no artesian water 
is found." This would be a singular statement to 
make to a resident here. As a fact, artesian 
wells can be bored in any part of this valley, suc- 
cessfully. There is no portion of the valley that 
water cannot be reached within the depth of from 
fifty to four hundred feet. Usually, it is not 
necessary to go over a depth of two hundred and 
fifty feet, at the farthest. I make this correction 
for the benefit of the valley, and the information 
of strangers, who may, perchance, read the work 
of Hittell ; and become thereby, a little suspicious 
of the character of a part of the valley. 

March. Ever since the year 1850, this city 
had been compelled to expend a great deal of 
money for the indigent sick. Persons out of 
health, and out of money, were continually leav- 



266 HISTORY OF SAN JOSE 

ing the mining regions to find their way into this 
valley, for the restoration of their health. Being 
here, humanity demanded that they should be 
cared for; although, prior to their sickness, they 
had not lived a day here, and had no claim upon 
this community, save what they might solicit in 
the name of humanity; yet, the city was neces- 
sarily, upon . that ground, in duty bound, to aid 
them. She did so, and believing that such ex- 
penses ought to be defrayed by the State, the 
Mayor and Common Council presented a petition 
to the Legislature, asking that an appropriation 
of seventeen thousand four hundred and forty 
dollars be made, to reimburse the city for that 
amount, which was the sum expended by her, for 
the ^unfortunate beings who sought a temporary 
residence here for health's sake., This petition did 
not m-eet with success. The fact, however, of that 
class of persons congregating here so numerously, 
is evidence of the high character which this valley 
had early obtained, in a sanitary point of view. 

March 25th. The Legislature having passed an 
Act, declaring that the Supreme Court should sit 
at the Capital of the State, it became necessary for 
the court to construe legally that Act, in order to 
follow its provisions. Upon a review of the law, 
it was held by two of the Justices, Heydenfelt and 
Wells (a majority), that San Jose was the Capital. 
Thereupon, in chambers, March 27th, the follow- 
ing order was made: 



AND SURROUNDINGS. 267 , 

" It is oMered that the Sheriff of Santa Clara 

County procure iij the town of San Jose, and 

properly arrange and furnish a court-room^ clerk's 

office, and consultation room, for the use of the 

Court. It is further ordered that the clerk of this 

Court, forthwith remove the records of the Court 

to the town of San Jose. It is further ordered that 

the Court will meet to deliver opinions at San 

Jose, on the first Monday in April, and on that 

day will appoint some future day of the term for 

the argument of cases, 

" Heydenfelt, J. 

"Wells, J. 

"Attest: D. K. Woodstde, Clerk." 

This order was somewhat encouraging to the 
residents ©f this city, as they saw the judiciary 
agreeing with them in opinion upon a question that 
had cost them some money and time, a few years 
previous, in endeavoring to keep tlie Capital- from 
rolling away. It had been so transitory in its 
nature, that it was not inaptly said to be on 
wheels. Under the foregoing order, the brick 
building now on the southeast corner of Santa 
Clara street and Pacheco alley, was procured by 
the sheriff, as the Supreme Court-House. A 
writ of mandamus was issued out of the Dis- 
trict Court here, against all of the State officers, 
commanding them to show cause why they 
should not remove to San Jose, and here hold 
their respective offices. This suit was brought 



f 268 HISTORY OF SAN JOSE 

to determine, judicially, the location of the 
Capital. Messrs. P. H. French and Frederic 
Hall argued the cause in favor of the writ, and 
Messrs. Phil. Edwards and Wm. H. Steward, for 
the State officers. Steward was acting Attorney- 
General, in the absence of McConnell. The Court 
decided in favor of the writ, holding that San Jose 
was the Capital. On appeal, December 26th, the 
decision was reversed by the Supreme Court. In 
the meantime. Justice Wells had died, and his 
place had been filled by Justice Bryant. Heyden- 
felt dissented, still holding that San Jose was the 
Capital. 

May 6th. An Agricultural Society for the county 
was organized. A constitution and by-laws were 
framed, and reported at an adjourned meeting, on 
Saturday, the 20th. 

June. An' alarm bell for the Hook and Ladder 
Company was furnished by the company and citi- 
zens, at a cost of four hundred dollars. 

July. The Baptist Church burned on the 1st. 
The stage fare to San Francisco was reduced from 
eight to six dollars. The San Jose " Semi- Weekly 
Tribune" issued its first number on the fourth of 
this month. 

On the twenty-first, Empire Engine Company 
No. 1 was organized. 

22nd. Demasio Berreyessa was found hung to 
a tree in the soutlieast part of the town. Alexan- 
der McClure had been murdered about the twenty- 



AND SURROUNDINGS, 269 

fifth of last month. It was said that Berreyessa 
was the murderer. He was hung by a Vigilance 
Committee, in the night. 

July 2Tth. The City Council, together with 
several citizens, purchased in San Francisco a fire 
engine, for the sum of one thousand eight hun- 
dred dollars. The Fire Department built an en- 
gine house on Lightstone alley, sixty feet deep, 
thirty-four feet front, and two stories high. 

September. At the county election, nine hun- 
dred and forty votes were given withia the town- 
ship of San Jose. 

October 16ih. At the election, the question 
whether the city should build a City Hall was voted 
upon. Two hundred and sixty-five votes were cast 
in favor of building, and fifty-seven against it. 

At the close of this month, the city indebted- 
ness was five thousand six hundred and ninety- 
one dollars and seventy cents. The amount on 
hand, and that which was due from licenses and 
taxes, about to be collected, was five thousand 
and sixty-four dollars; leaving the city behind 
six hundred and twenty-seven dollars and seventy 
cents. The clerk's salary then was ninety dollars 
per month; the marshall's, fifty dollars; and the 
street commissioner's, (a useless officer), one hun- 
dred and twenty-five dollars per month; total 
monthly expense, five hundred and sixty-five dol- 
lars. 



270 HISTORY OF SAN JOSfi 

The City Council passed an ordinance, authoriz- 
ing a loan of twenty thousand dollars, at a rate 
of interest V not to exceed three per cent, per 
month, to provide for 'the building of the City 
Hall. The contract for the brick was awarded to 
Messrs. Hobbs, at thirteen dollars per thousand. 

The County Jail was completed this fall, at a 
cost of fifteen thousand dollars. 

Mr. Avery built a foundry this year, which was 
a great convenience to the citizens. 

A district school was established by Free- 
man Gates, on the corner of Santa Clara and 
Third streets ; makino- two public schools only in 
the city at this period. 

Many houses had been erected during the year, 
and the city wore an aspect of thrift. The artesian 
wells were among the main causes of a renewed 
agricultural and horticultural progress. And the 
water therefrom was of equal importance as a bev- 
erage; inasmuch as the surface well-water, pos- 
sessed a brackish flavor which was by no means 
palatable. 

1855. On Monday April 16th, the City Council 
held its first session in the new City Hall. This 
building, situated on Market street, was planned 
and built under the supervision of Levi Goodrich, 
as architect. The materials of its' walls are brick 
and adobe ; it having been built upon the walls of 
an adobe house.. Its style of architecture was cas- 
tellated Gothic. Its dimensions are sixty-eight by 



AND SURROUNDINGS. 271 

forty-two feet, and two stories high. Its upper 
story contained one spacious apartment, and two 
small rooms. The lower floor is used bynithe Mayor 
and Common Council, and other city officers. It 
has been reconstructed during this year of 1870; 
and its castellated appearance in a measure has 
been diminished. The interior has been materi- 
ally changed for the better. It cost about forty 
thousand dollars. When in process of erection, 
it was thought that there was a possibility of 
its being used as a Legislative hall, inasmuch as 
the Supreme Court was holding its sessions here, 
as the seat of government. 

At the city election, there were cast four hun- 
dred and forty-seven votes. 

July 4th. A celebration took place ; the Rev. Eli 
Corwin delivering the oration, and R. A. Redman 
reading the Declaration of Independence. Since 
1850, the Fourth of July has not received much 
attention here. 

There was considerable building this year, sev- 
eral houses being constructed of brick; among 
them, some of the brick buildings on the east 
side of Market, between Santa Clara and El 
Dorado streets. Peter Davidson put up one-story 
fire-proof brick stores, on ttie northwest corner 
of Santa Clara and Market streets. 

The artesian well on Market street was bored. 
The depth of two hundred and fifty feet was 



272 HISTORY OF SAN JOSfi 

reached in this well in August, when a large vol- 
ume of water poured forth therefrom. 

The crojis in the valley were light this year, and 
business was not very brisk — although building 
went on at a fair rate. 

The last number of the ''San Jose Telegraph 
and Santa Clara Register," was issued on the 7th 
of August. The first number of the " San Jose 
Telegraph" came out August 14th. 

1856. A new omnibus line was run to Santa 
Clara, by Crandall and Brother, in March. 

April. At the city election four hundred and 
seventeen votes were given. The city election 
has seldom been a test of the fall vote. The fall 
elections, usually, receive the whole number of 
votes. 

May 22d. At 12 o'clock m., the bells tolled for 
the death of James King of William. There was 
much excitement here, upon the action of the San 
Francisco Vigilance Committee, and a large meet- 
ing was held at the City Hall, on the 17th of 
June, for the purpose of giving expression to the 
public feeling, on that important question. Ex- 
G-overnor Burnett addressed the meeting, con- 
demning the actions of the Vigilance Committee. 
The majority seemed to favor the Committee, and 
passed the following resolution, among others: 
" Resolved, That we, the citizens of Santa Clara 
County, do cordially approve of the action of that 
Committee up to the present time; and that we 



AND SURROUNDINGS. ■ 273 

have the fullest confidence in their wisdom, in- 
tegrity and prudence in what they may find it 
necessary to do hereafter, and that we ••cheerfully 
offer them our sympathy and support in the good 
work they have undertaken." Gov. Burnett 
offered other resolutions as a substitute, which 
were laid on the table. 

June 23d. A Law and Order meeting was held, 
at which Burnett, Wallace and others, addressed 
the meeting. Resolutions against the actions of 
the committee were passed. 

The State Agricultural Fair was held here this 
year. The exhibition of vegetables and fruit was 
exceedingly fine. The town was crowded to over- 
flowing. Some complaints were made on account 
of the insufliciency of the accommodations, but 
considering the size of the town, and the assem- 
bled multitude, they were well cared for. Private 
houses were open to a greater extent than is usu- 
ally the case in Sacramento, on similar occasions. 

At the fall election, there were seven hundred 
and eighty votes given in the township. 

October 15th. A severe shock of earthquake 
occurred at half past five o'clock, a. m. Th'e vibra- 
tion was from the northwest to southeast, and its 
duration fifteen seconds. 

There was some progress this year in the growth 
of the city, although not an extensive one. Eli 
Jones & Co. erected a brick store on the east side 



18 



1^74 HISTORY OF SAN JOSE 

of First street, between Santa Clara and El Dorado 
streets. 

1857, Two earthquake shocks took place on 
Friday, January 9th; one at four, and the other 
at eight o'clock, a. m. 

January 31st. On Saturday, a large meeting 
assembled at the City Hall, to consider the pro- 
priety of annulling or amending the city charter, 
Hon. C. P. Hester was Chairman, and P. 0. 
Minor, Esq., Secretary. Wm. Matthews, Esq., on 
' behalf of the committee, to whom had been re- 
ferred the matter of drafting a new charter, re- 
ported certain amendments to the existing one, 
which appeared to meet the views of the majority 
of the meeting. The Legislature passed a bill to 
re-incorporate the city, which the Governor vetoed. 
Finally, another bill passed to re-incorporate on 
the twenty-seventh of March, which the Gover- 
nor signed, and the same went into effect the second 
Monday in April. 

Fe^Bruary, On Tuesday, the third, a fire broke 
out in the Railroad House, a hotel situated on the 
northwest corner of Santa Clara and First streets. 
The two engine companies, and the hook and lad- 
der company were promptly on hand, and worked 
with great energ}^, and thereby saved the building, 
although considerable damage was done to that 
and the adjoining houses. The buildings were all 
frame, and burnt like tinder. David McLellan, 



AND SURROUNDINGS. 275 

the proprietor, estimated his loss at ten thousand 
dolhirs. 

May 3d. Antonio Cardozawas hung in the County 
Jail yard. 'Torrent Engine Company, No. 2, was 
organized on the nineteenth. Also, on the same 
day, the Fire Department was organized. John B. 
Hewson was elected Chief of the Department, 
which office he held five years. 

During this month, Wm. H. Hoy commenced to 
run a weekly express to Sonora; the fare was ten 
dollars. 

June 5th. A large meeting assembled to con- 
sider the subject of suerte titles, at the City Hall. 

The vote of the township, at the fall election, 
was nine hundred and eighteen. 

October 20th. At a quarter-past six o'clock p.m. 
a heavy shock of an earthquake startled the citi- 
zens. The clocks facing the east, stopped running, 
but the people did not, until they were out of their 
houses. 

In the township there were five school districts, 
having seven hundred and ten pupils. Freeman 
Gates was Superintendent of the common schools 
of- the county. 

Rents and property were "low this year. Me- 
chanics were occupied at moderate prices. Several 
buildings were in process of construction. Mr. 
Stock built a brick house on First street. The 
school-house on Washington Square was finished. 
Mr. Knoche built a brick store on the corner of 



276 HISTORY OF SAN JOSfi 

First and El Dorado streets. The town advanced 
in growth, though slowly. 

1858. April. At the city election, only three 
hundred and sixty-two votes were given, and at 
the fall election, the vote of the county fell one 
third from what it was the previous year. 

This year added more brick structures to our 
city. Pfister & Co. erected the one now on the 
southeast corner of First and Santa Clara streets. 
Pedro Saisset built one on the same side of First, 
further south, near the terminus of El Dorado 
street. P. 0. Minor built a concrete structure on 
the opposite side of First street. The Catholic 
church was encased in brick, and received the two 
towers and additional room by the wings attached. 
The brick church of the Baptist denomination, 
was constructed on the northeast corner of Second 
and San Antonio streets. Martin Murphy built 
some brick stores on the east side of Market 
street. Many frame houses were added to the 
list of' structures. There was a steady improve- 
ment. The prosperity of the city was retarded 
this year by an injunction being placed upon the 
working of the New Almaden mine. The trade 
from that location was large, and material to. this 
city. A large mass meeting was held at the City 
Hall, on Thursday, December 2d, to consider the 
matter of this injunction. It was issued at the in- 
stigation of the law officer of the United States, 
upon the ground that the mine was on public 



AND SURROUNDINGS. 



277 



land. The meeting passed many resolutions, con- 
demnatory of the said legal proceedings; and 
among them, was one requiring copies of those 
resolutions, to be forwarded to the President of 
the United States, the Secretary of the Interior, 
and Attorney-Greneral. Hon. C. P. Hester was in 
the chair, and Wm. R. Davis, Secretary, So far 
as was ever known, the meeting had no more effect 
than any other meeting on judicial proceedingf?. 
The courts could perceive no legislation therein, 
which they were bound to recognize. 

On Friday, November 25thj at half past twelve 
o'clock, A. M., a heavy shock from an earthquake 
startled . the community. The Catholic Church 
was injured a little thereby. 

The number of children, between the ages of 
four and eighteen years, was two hundred and 
seventy-five boys and three hundred and ninety- 
six girls; total, six hundred and seventy-nine. 
The children under the age of four years num- 
bered two hundred and forty-five. 

This year the City Council enclosed Oak-Hill 
Cemetery with a substantial board fence. 

1859." On" the third of February, a large rail- 
road meeting was held, to consider the question of 
building a railroad to Alviso, and to connect the 
same with fast boats to San Francisco. Some es- 
timated that the road could be built at the rate 
of ten thousand dollars per mile, and one hundred 
and twenty thousand dollars to put the road in 



278 HISTORY OF SAN jos:^ 

running order. Others gave the sum of two hun- 
dred thouscand dollars as requisite to complete 
the road and running stock. 

February 7th. The City Council passed the fol- 
lowing ordinance, establishing the price of lots in 
Oakhill Cemetery, and rules and regulations con- 
cerning the same. 

"Section 1. — The following shall constitute the 
Hst of prices of lots in said Cemetery grounds, viz.: 
On all blocks adjoining the main avenue, twenty 
cents per superficial foot. On all blocl^s adjoining 
the cross avenues, ten cents per superficial foot, 
and on all other blocks, five cents per superficial 
foot. Any one person buying the four lots con- 
stituting an entire block, shall be entitled to the 
five feet running north and- south through the 
block, without charge for the same; and when a 
division of any lot may be desired, the Superinten- 
dent or Sexton, may, at his discretion, make such 
division in a quantity not less tham one eighth of a 
block, and shall charge therefor in addition to the 
above rates, fifty per cent. 

" Section 2.— Owners of each lot or block shall 
have the right to enclose the same with a wall, not 
exceeding one foot in width, nor two feet and»six 
inches in height above the surface of the ground, 
or with an iron railing, post and chains, or a neat 
wooden fence; such railing and fences must not 
exceed three feet in height, and must be kept in 
good order and repair by the owners of the lot, 



AND SURROUNDINGS. 279 

and must be built to couform with the natural 
surface of the ground." Tliis ordinance took effect 
from and after its approval. 

The artesion wells this year all increased their 
volume of water, owing to the heavy rains. 

Honey bees were introduced into this valley by 
Messrs. Gates, Patterson, Buck and Briggs. 

March 16th. A new City Charter was passed by 
the Legislature, and approved. 

Auzerais and Brother built several brick build- 
ings ^uth of their store on Market street. 

Martin Murphy built upon a space of ninety 
feet, on the east side of Market street, placing 
thereon brick stores. 

Clemente Columbet built the block on the west 
side of Market street, known as the " San Jose 
Hotel." Many frame structures were put up 
throughout the city. 

March 29th. A horrible tragedy occurred this 
day, when Samuel J. Crosby and L. Posey Fer- 
guson were killed. The fatal affray transpired at 
the corner of Second and San Fernando streets, 
while the District Court was in session on the south- 
east corner of these streets. The death of Ferguson 
was an accident. He was in the court-house 
while the affray was going on. A shot from the 
pistol of one of the parties to the conflict, passed 
tlu'ough a plank three and one fourth inches thick, 
and entered his body, from wdiich he expired in 
half an hour thereafter, Mr. Ferguson was a miner 



280 HISTORY OF SAN JOSfi 

from Grass Yalley, who came here to accompany an 
old friend home to Missouri. 

April 11th. A fire destroyed several wooden 
buildings belonging to Antonio Pico, situated on 
the east side of Market, and south of San Fernando 
street. 

At the city election of this month, four hundred 
and eighty votes were given. 

At Evergreen School House, a very large meet- 
ing was held, to hear Mr. A. A. Green, of San 
Francisco, discuss Spanish land grants in general, 
and the Chabolla grant in particular. ' After his 
speech was concluded, a series of resolutions were 
passed; in one of which, the meeting expressed 
their sympathy with the settlers of San Francisco 
and other counties, and also declared that they 
would unite with them to take all necessary pro- 
ceedings to protect their rights. 

May 8th. The Baptist Church was dedicated.. 

The amount expended by the city for all pur- 
poses during the last year, was eleven thousand seven 
hundred and sixty-eight dollars, and eighty cents. 
This included the redemption of bonds, Treasurer's 
commission, and current expenses. There was 
due as interest on the Funded Debt, July 1st. one 
thousand eight hundred dollars. 

August 15th. The San Jose Land Company gave 
notice that they would sell their' right to the lands 
known as the Five-Hundred- Acre tracts, provided 
application was made therefor within four months. 



AND SUEEOUNDINGS. 281 

The Commissioners of the Funded Debt, gave 
notice on the same day that they would give titles to 
the same lands. The Mayor gave public notice that 
he did not believe the Land Company had any in- 
terest in said lands. 

24th. Horace Greeley addressed a large assembly 
of people in front of the Mansion House. 

September 2d and 3d. Bayard Ta3dor lectured 
here. On the first eveniug his subject was the 
"Arabs;" and the second one, the "Arctic Regions." 

The votes of the city at the fall election number- 
ed nine hundred and eleven. 

October 10th. The first play in James Stark's 
new theatre was Richelieu ; he playing the Cardi- 
nal, and Mrs. Stark the role of Julia de Mortimer. 

This theatre was the first one constructed here. 
It was situated on the east side of First, be- 
tween St. John and Santa Clara streets. It had 
forty feet front and seventy deep. The stage was 
twenty-five feet deep. The building would hold 
about six hundred persons. It was quite an era 
in the city of San Jose, to possess a building erect- 
ed expressly for theatrical plays. 

. First street, between Santa Clara and San Fer- 
nando streets, was macadamized at a cost of one 
thousand three hundred and fifty dollars. 

The Santa Clara Valley Agricultural Society be- 
came incorporated, and purchased seventy-six acres 
of land on the Alameda for the sum of six thousand 
one hundred and forty-two dollars. They erected 



282 HISTORY OF SAN JOSE 

buildings for stands and seats around the race-track, 
on this tract of land denominated the Fair Grounds. 

18G0. January 16th. "San Jose Daily Reporter" 
made its first appearance. 

January 24th. A mass meeting was held at the 
City Hall, to consider the question of the injunc- 
tion placed on the Almaden Mine. Resolutions 
were passed requesting the representatives of this 
county in the Legislature, to take some action upon 
it. A petition with over four hundred signatures 
was sent to the Legislature, asking that the injunc- 
tion be removed in some manner. 

April. City election showed five hundred and 
seventy-six votes. 

April 23d. The first issue of the " Weekly Re- 
porter" appeared; the second on Saturday, May 
5th, and one on every Saturday thereafter. 

The school fund this year for San Jose, was two 
thousand four hundred and ninety dollars and 
eighty-five cents. 

The general improvements this year were grad- 
ual, but sufficient to indicate a fair prosperity. 
This year the county rented the upper-part of the 
City Hall, as a court-house; and retained the same 
for that purpose until sometime in the year 1863. 



AND SURROUNDINGS. 283 



CHAPTER XXI. 

1861-1865. 

Gas. — Settler's Parade. — Refusal of the Posse Comitatus to obey the 
Sheriff.— Adjournment of the District Court in Consequence Thereof. 
— Fire. — Votes. — Alameda Turnpike. — Indebtedness of City. — 
Fourth of July.— A. Smith Executed. — "Weekly Patriot." — Improve- 
ments. — City Census of Children. — Gen. Naglee's Premises. — 
Earthquake. — Bridge. — " Courier." — City out of Debt. — Civil War. 

1861. January. San Jose became more bril- 
liant this year^ dming the nocturnal hours, than 
heretofore, by the aid of gas-light. The Common 
Council on the thirteenth day of July, 18G0, grant- 
ed to James 'Hagen, a franchise to light the city 
with gas. The first lights were thus given by him 
on the twenty-first day of January, 1861, to eighty- 
four consumers. The streets then received seven 
lights. The price of gas was ten dollars per thou- 
sand cubic feet. The consumption of gas for the 
first twelve months, was one hundred and sixty-five 
thousand cubic feet. The consumption of coal 
was ten tons per day on an average. 

By reference to the amount of gas, as given in 
this work under the year 1870, some idea may be 
had of the prosperity and growth of the city, 
during a period of nine years. 

In the spring of this year, the " San Jose 
Weekly Mercury" was issued by Mr. J. J. Owen, 



284 HISTORY OF SAN JOSE 

as editor and 'proprietor, he having purchased the 
"Telegraph and Mercury," from S. N. Slocum. 

April. The greatest excitement and demonstra- 
tion which was ever exhibited in this county, upon 
the question of land titles, took place this year. 
The grant of Antonio Chabolla, for the tract of 
land known as the Yerba Buena, lying east or 
southeast of the town, had been confirmed to the 
claimants thereof, under the Chabolla title, by the 
United States Courts. There were many settlers 
on the land, some of whom had occupied the same 
for quite a lengthy period, under the belief that it 
was public land. They seemed to be of opinion 
that the grant was a fraudulent one, notwithstand- 
ing the confirmation thereof, and the fact that the 
land had been patented by the United States, in 
accordance with the decree of confirmation. The 
advice which had been given the settlers, was 
evidently not that kind which had a tendenc}^ to 
better them, or to cause them to view the matter 
in the proper light. They were induced to ex- 
pend money in the way of lawyer's fees, that was 
9,s useless as throwing the money in the sea. The 
government had conveyed in fee simple the land 
to the claimants, and no party but the United 
States could move to set aside that patent, upon 
the ground of fraud, or any other ground. Suits 
in ejectment had been instituted against some of 
the settlers on said land, and judgments rendered 
against them for possession of certain tracts, in the 



AND SURROUNDINGS. 285 

Third Judicial District of this State, in and for the 
County of Santa Clara. Wm. Mathews, Esq,, of 
counsel for plaintiff, in those cases, caused writs of 
execution for possession to be issued to the Sheriff 
of the county, that the plaintiff might have posses- 
sion in accordance with his judgments. The Sheriff 
summoned a posse of six hundred men, to meet him 
at the court-house, to go with, and to aid him in 
executing the writ. When the posse assembled at 
the court house, they were asked if they were 
armed, to which they replied in the negative; and 
being asked if they would arm themselves, they 
likewise replied in the negative. As the posse 
would render no assistance, they were dismissed by 
the Sheriff. 

About one o'clock p. m., nearly a thousand set- 
tlers paraded through the town, some on horses, 
some^in wagons, some on foot, and nearly all armed. 
They had one small cannon. All of the settlers' 
leagues of the county, and some from adjoining 
counties, were said to have been present. Toward 
the close of tlie d^j they went to their respective 
homes without doing any damage, save that of dis- 
obeying the writ. 

At the opening of the May term of the District 
Court, his honor. Judge McKee, called the attention 
of the members of the bar to the fact, that armed re- 
sistance had been made to the writs of the court, 
that it was of but little use to render judgments that 
could not be executed for want of adequate power; 



286 HISTORY OF SAN JOSfi 

and that, in consideration of the fact, he would not 
sit in judgment for a people that would so violate 
their duty to the government. He, therefore, ad- 
journed the court until the term in course, with- 
out transacting any business. That spirit of re- 
sistance died away long ago, and there is no dis- 
position to act but in harmony with the law. 

July 4th. The most enthusiastic celebration 
occurred on this day, which was ever witnessed in 
this town. 

August 1st. A fire destroyed Appleton's Hotel, 
being the one formerly known as the City Hotel, 
nearly opposite the site on which the Mansion 
House stood. 

At the fall election, one thousand one hundred 
and ninety-five votes were cast in the city. 

October. On the twenty-tliird, a great explosion 
of the boiler took place at Bassham's steam flour- 
mill, on the Guadalupe river, doing great damage. 

1862. March. The small-pox prevailed to some 
extent, and quite a number died. The deaths were 
principally among the poorer cj^ass, who did not 
pay much attention to their cleanliness; and who 
were intemperate in their diet and exposure. 

April. There were seven hundred and sixty-two 
votes cast at the city election. 

June 6tli. The Alameda Turnpike Road Com- 
pany was incorporated. This summer and fall, 
this company repaired the Alameda road, and 
placed a toll-gate thereon, near the Fair ground. 



AND SURROUNDINGS. 287 

The road was completed November 1st, at a cost 
of twenty-eight thousand six hundred and eighty- 
five dollars and eighty-one cents. 

July 28th. The San Jose Institute and Com- 
mercial College opened with one hundred and 
twenty-five scholars, under Professor Gates. 

Jasper Gr. Gunn absconded, after having em- 
bezzled two thousand seven hundred and sixty- 
three • dollars and forty-eight cents of the city 
funds. 

Great improvements were made this year in all 
parts of the city ; the bountiful rains gave life and 
activity to the whole country. 

October. The number of boys in the city, be- 
tween four and eighteen years, were one thousand 
eight hundred and eighty; girls, one thousand six 
hundred- and seventy-six — total, three thousand 
five hundred and fifty-six. There were one thou- 
sand seven hundred and forty-six children under 
four years of age. 

1803. January. The outstanding bonds against 
the city amounted to twenty-five thousand dollars. 
The City Treasury had four thousand dollars ; and 
the Commissioners about three thousand dollars 
in their hands. 

April. At the city election, eight hundred and 
nineteen votes were given. 

May 25th. A fire destroyed some frame build- 
ings on the west side of First street, opposite the 
Archer alley. 



288 HISTORY OF SAN JOSfi 

The county rented the upper part of the build- 
ing on the northeast corner of Market and El 
Dorado streets as a court-house, and occupied the 
same as such until the completion of the new 
court-house in 1868. 

May 27th. The San Jose " Tribune" made its 
appearance, after having been stopped six or eight 
months by order of Gen. Wright. 

July 4th. This day was celebrated with a great 
deal of enthusiasm. 

Edward Berri committed suicide by cutting his 
throat from ear to ear. 

July 10th. Abner Smith was executed for the 
murder of Van Clean, of Santa Clara. 

September. The votes numbered at the elec- 
tion, one thousand two hundred and sixteen. It 
will be observed that the city elections in the 
month of April, are not evidence of the real num- 
ber of legal voters in the city. There is not as 
much interest manifested then as at the fall elec- 
tions. 

September 12th. On this day, the first number 
of the " AYeeldy Patriot" was issued by B. F. Mur- 
dock, editor and proprietor. 

In this month was commenced the construc- 
tion of the Auzerais House, sitirated on the north 
side of Santa Clara, between Market and First 
streets. This house was built, and is owned by 
Messrs. Edward and John Auzerais, of this city. 
At the commencement of this structure, it was in- 



AND SURROUNDINGS. 289 

tended for stores; but during the process of its 
erection, the owners changed their mind, and con- 
cluded to make a first-class hotel of it. The work 
was performed under the supervision of the able 
architect, Theodore Lenzen, Esq. It has one 
hundred and thirty feet front, and sixty-five in 
depth, and is three stories high. The wing in the 
rear is one hundred and twenty-four feet long, and 
thirty-two wide. It is divided into apartments, 
as follows: First story — five stores, one hotel office, 
principal entrance, two billiard and bar-rooms, 
and one dining room. Second story — principal 
parlor, reception room, bridal chamber, eleven 
private parlors, and suites of rooms attached, 
thirty-eight bed-rooms, and several bath-rooms. 
Third story — Twelve private parlors, with suites 
of rooms, forty sleeping-rooms, and numerous 
bath-rooms; each story having halls and water 
closets. There are three large flights of stairs 
communicating with the three stories, in' different 
locations, making the building easy of ingress and 
egress, in case of fire or other accidents. The 
building is heated by steam, partly, and partly by 
grates. The materials of which it is made, are 
brick and marble. It was completed in the spring 
of 1865, and first opened in April of that year. It 
cost over one hundred thousand dollars ; and, with 
its furniture, an additional sum of fifty thousand. 
This house is the hotel of this city, and of the 
State, outside of San Francisco. Not only does 

19 



290 HISTORY OF SAN JOSfi 

this apply to the conveniences and comforts of the 
rooms, but also to the table. It is kept by 
Messrs. J. M. Staples and Son. 

The census of this year shows that there were 
two thousand and seventy-eight girls, and one 
thousand nine hundred and twenty-four boys, be- 
tween the ages of four and eighteen years; making 
the whole number, four thousand and two. 

The Presbyterian brick church was built this 
year, at a cost of twenty thousand dollars, under 
the charge of Levi Goodrich, as architect. 

Messrs. King & Knoche erected a brick building 
near the Archer edifice, on the west side of First 
street. Patrick Welch built his large brick stable 
on First, between Santa Clara and St. John street. 

The railroad depot, near San Pedro street, was 
erected this year. Within the last half Of this 
year, more than fifty other buildings were put up. 
The city was prosperous, considering the dryness 
of the latter part of the year. 

1864. January, The railroad from San Fran- 
cisco, apparently, had been striving to greet the 
new year here; but, in this respect, it was not 
successful. It was completed to this city about 
the middle of this month. On Saturday, the 16th, 
the excursion party made its appearance in this 
city, with a long train of cars, crowded to their 
utmost extent. It was a day of great rejoicing for 
the people of this valley. And, as they saw their 
homes connected by the iron bands with the me- 



■ AND SURROUNDINGS. • 291 

tropolis of the State, they looked forward to wit- 
ness a great and rapid progress in the future 
growth of San Jose. To-day bears evidence of 
til 13 correctness of their foresight. 

At this period, the principal hotel was the Con- 
tinental, kept by George Bromley, on Market 
street. 

The Masonic and Odd Fellows' Hall, was con- 
structed on the northwest corner of Santa Clara 
and Market streets, this year. It was the same 
building, now known as the Hensley Block. 

The vote of San Jose was one thousand two 
hundred and. twenty-seven, at the fall election. 

1865. C. T. Kyland, Esq., built his fine brick 
edifice, on the northeast corner of First and San 
Fernando streets. 

July. Dr. Knox purchased the fifty-vara lot on 
the northwest corner of Santa Clara and First 
streets, for the sum of twenty-one thousand dol- 
lars. Soon thereafter, he erected the building now 
standing thereon, at a cost of thirty thousand dol- 
lars. The advancement has been such in propert}^ 
here, that the lot and buildings are now estimated 
to be worth one hundred thousand dollars. 

This year, Gen. Naglee commenced to beautify 
his stately "grounds, situated on the south side 
of Santa Clara street ; and bounded on the 
east by Coyote creek, on the south by William 
street, on the west by Eleventh street, and con- 
taining one hundred and forty acres. The orchard 



292 HISTORY OF SAN JOSE ' 

and vineyard were set out in 1858, but the greater 
part of the labor and improvements have been 
bestowed upon the grounds since the' General 
returned from the war. The premises are taste- 
fully divided into fields, parks and beds, where 
vegetation is seen springing forth in every form. 
A pleasant drive winds for a mile and a half through 
a vineyard of an infinite variety of grapes and 
gracefully-hanging trees. Here and there sparkling 
fountains feed this little vegetable world, and give 
it life and continued freshness. The capacity for 
irrigation is large. There are seven artesian wells, 
which can discharge one hundred thousand gallons 
each daily. Their full volume is not permitted to 
run, unless so much be needed. One of these 
■ wells feeds an artificial pond, and waters all the 
vegetables. It furnishes, probably, two hundred 
and fifty gallons per day. 

The exquisite flower-beds are adorned with a 
myriad of blossoms of every light and shade ; and 
you almost fancy that at twilight hour the god- 
desses come stealing in, to deck themselves for the 
festal eve. Here is the palm, the fig, the olive, 
the almond; the magnolia, in all its splendor; the 
heliotrope, fuschia, geranium, oleander, jessamine, 
clematis, ivy, and the century plant. Here, too, 
flourish the palm from Panama; the origanum from 
Patagonia; the cedar from the Himalaya mountains 
and from Lebanon; charming varieties of cypress 
from Japan and China, and many from the Pacific 



AND SURROUNDINGS. 293 

coast. Here grows, too, in all its grandeur, the 
beautiful eucalyptus; and here the arching willows 
shade the sparkling fountains. Here fair lady may 
gaze with delight at the beautiful Japanese arbors 
and hedges entwined with the fragrant hone}^- 
suckle, the jessamine, the clematis, and tivy. 
Mexico, too, has furnished her pepper trees, with 
their graceful narrow-leaved boughs, to aid in the 
adornment of these lovely grounds. 

I observed an eucalyptus, planted in 1865, which 
^mesaures fifteen inches in diameter. It is a won- 
derful growth, and shows how well this climate is 
adapted to its culture. Seventeen varieties of the 
acacia, and fifteen of the eucalyptus grace this 
forest, besides many varieties of the pine, the 
cypress, the arbor-vitce, the juniper, the palm, and* 
the fir; also, the yew, the laurel, the native nut- 
meg, the bay, the madrona, the mancenito, the 
tamarack, the Washingtonia, and the New Zealand 
flax, have their share in forming this arborical 
host. Nor has the Monterey cypress, so grand in 
form, been left out of the ranks. A magnolia, 
planted in 1866, is now fifteen feet high, and has 
been blooming all summer. A weeping-willow, 
planted in 1858, now measures twenty-nine inches 
in diameter. A century plant, or agave, planted 
in 1865, is now five feet high and seven in diam- 
eter. The avenue, one thousand feet long, 
planted two and a half years ago, is, on an average, 
thirty feet high, and the trees six or eight inches 



294 HISTORY OF SAN JOSE 

in diameter. An eucalyptus, planted in 1865, is 
now fifteen inches in diameter. The rapidity of 
the growth of these trees is truly wonderful. 

The deciduous trees, which are so very highly 
appreciated in the Eastern States, are continually 
falling by the ax of the horticulturist, to make 
room for rare varieties of evergreens. This lordl}^ 
estate is dotted here and there with artistic works 
of statuary; standi4ig, seemingly, to guard the 
enchanting scene from the touch of the spoiler. 

How lovely it is to leave the city's hum, to 
wander in these green fields, amid the groves and 
pastures, near the hour of eventide; see playful 
children build their miniature gardens, hear the 
watch-dog's voice, the rippling fountains, and the 
merry birds warbling farewell to parting day. As 
one views all this, when the setting sun gilds the 
western sky with rose and purple tints, and floods 
all nature with soft and mellow light, it seems the 
work of enchantment. 

The premises so far described are dedicated to 
the pleasures of man — not profit; and yet they 
are a wealth to him, in cultivating the liner feel- 
ings of his nature, in increasing his love for the 
beautiful works of our .Creator, and making him 
what that Creator intended, a refined, intelligent 
man, above the sordid mind which seeks for 
naught but filthy lucre. 

The pecuniary profits of this estate will be de- 
rived from the culture of the grape, and the manu- 



AND SURROUNDINGS. 295 

facture of wines and brandies. Among the one 
hundred and fifty varieties of grapes here are the 
Peneau, the Riesling, from which Johannis wine is 
made, and La Folle Blanche^ the only grape from 
which cognac brandy is produced; all which have 
been cultivated with great success, and the manu- 
facture of wines and brandies therefrom has been 
equally successful. The development of the ex- 
traordinary flavor and delicacy of the wines and 
brandies, produced here, is truly wonderful. 

The wine-house, with a capacity of one hundred 
thousand gallons, for completeness and condensa- 
tion, with all the improvements of the present 
times, is unsurpassed in this or any other country. , 

The first-class brandies manufactured by Gen, 
Nagiee are scarcely equaled, certainly not sur- 
passed, by any other in the world. The reason is 
apparent. The quality of the grape produced 
here is equal to any on the globe. Those grapes 
are not pressed, so that the wine made therefrom 
contains none of the juice of the skins and seeds, 
nor of the stems, (those portions which produce 
fusel oil and tannin,) hence the freedom of the 
wine from these deleterious substances. In Europe, 
this mode is not adopted, from the fact that 
wine and brandy manufacturers cannot afford it. 
They press the grape on the score of economy, 
that non-e of the juice may be wasted. The bran- 
dies and wines, therefore, cannot be free from the 
impurities already mentioned. The brandies of 



296 HISTORY OF SAN JOSfi 

Gen. Naglee only lack age. The oldest which he 
now possesses is nearly of the age of two years. 
All of his older wines and brandies were destroyed, 
together with the distillery, by fire, on the twenty- 
fourth of February, 1869. It was Ihe work of an 
incendiary. His loss thereby was not less than 
sixty thousand dollars, having no insurance. Not- 
withstanding his loss, he has rebuilt the premises, 
making them fireproof, and superior to the former 
ones. He has one wine tank of the capacity of 
sixteen thousand gallons. 

A second-class brandy is made from wines pro- 
duced from the pressed grapes. The principal 
. part of the wines produced here are manufactured 
into brandies. 

This county, and the country generally, is much 
indebted to Gen. Naglee for his experiments here 
made. He has shown to the world the value of 
this soil and climate to be infinitely beyond ex- 
pectation for the successful production of first-class 
wines and brandies. It was no inviting task to 
risk so much in a pecuniary way to attest a doubt- 
ful, and somewhat hazardous, experiment. 

Gen. Naglee is a man of great wealth, much of 
which sprang from his own resolute exertions in 
this country, and part of which cjime by inherit- 
ance from the rich estate of his father. It has 
been fortunate for the welfare and progress of 
this valley that he has thus been favored pecu- 
niarily. 



AND SURROUNDINGS. 297 

I have mentioned the premises of Mrs. Hensley 
and Gen. Naglee for the reason that they are the 
most extensive ones in this vicinity, and among 
the finest private grounds in the State. And I 
have specially observed the plants and growth 
thereof in the estate of Gen. Naglee, to illustrate 
the adaptation of this soil and climate to the growth 
of a wonderful variety of the vegetable kingdom, 
which are indigenous to every clime, from the 
equator to the poles. 

Making general statements as to the productions 
'of this climate might appear to strangers like ran- 
dom declarations. I have, therefore, referred to 
the premises which contain them, that persons 
unfamiliar with this climate may know where to 
turn for personal observations. 

On the eighth of October of this year, a severe 
earthquake threw down some chimneys, but doing 
no material damage otherwise. It w^as of some 
benefit, in increasing the volume of water from the 
artesian wells. 

The bridge across the Coyote creek, connecting 
Santa Clara street, was erected this year. 

Gas was reduced from nine to eight dollars 
per thousand feet. 

The San Jose ''Daily and Weekly Courier" 
suspended publication on Saturday, November 5th. 

The indebtedness of the city was entirely liqui- 
dated this year. 



298 HISTORY OF SAN JOSfi 

During the civil war, San Jose was not free 
from excitement. The two political parties of the 
country were not far apart in numbers. Madam 
Rumor kept biisy at her usual vocation, and there 
was no want of fuel to feed the flames beneath the 
political cauldron. Rumors of midnight meetings 
of both parties were numerous. Opportunities 
presented themselves for gratif3^hig revenge, and 
they were not passed by altogether unheeded. 
The town in this respect, however, was not differ- 
ent from others. Some arrests were made, and 
others would have been, had not the honest^ 
patriotism and good judgment of the Provost 
Marshal, Col. A. Jones Jackson, dictated other- 
wise. He is entitled, through the justness of his 
course during that unfortunate struggle, to the 
respect of this community in particular, and to 
that of the State generally. 



AND SURROUNDINGS. 299 



CHAPTER XXII. 

1866-18'70. 

Growth andlndustry.—" Daily Patriot."—" San Jose Weekly Argus." 
—Earthquakes.— Death of Hendricks.— City Grants.— Bank of 
Knox and Beans.— Ee-incorporation of City.— Sale of Part of 
Market Square.— Court-house.- Methodist Church.— City Vote. 
—Silkworms and Silk Looms.— San Jose Water Company.— Pur- 
chase of School Premises by City.— Building thereon.— Young 
Men's Christian Association.— County Bonds Purchased by the 
City.— City Vote.— New York Hotel.— Improvements.— Fall Vote. 
—Market Street Extended.— BanL: of San Jose— San Jose Savings 
Bank.— City Vote.— " Daily Argus."— Horse Railroad to Santa 
Clara.— Severe Earthquake.— Railroad extended to Fifteen-Mile 
House. — Methodist Church Ground Sold. — Engine-house Lot 
purchased by City.— Methodist Church burned.— Railroad ex- 
tended to Gilroy.— Receipts of Railroad Company for four years. 
—Improvement of Washington Square.— Murder of Mrs. Hauser. 
—Erection of Methodist Church.— Number of Scholars in the 
City.— Directory of City.— Location of Normal School.— City 
Funds.— City Vote.— "Daily Independent."— Consumption of 
Gas and Coal.— Number of City Consiimers.- Woolen Manufactur- 
ing Company.— Opera House.— Opening Addi-ess and Play.— Nor- 
mal School Building.— Laying of its Corner Stone.— Music Hall. 
—Jail.— Hose Company.— Present Condition of the City.— Schools. 
— Value of Property.— Assessments.— Fiscal condition of the City. 
General Appearance and Health of the City. 

During the last five years we have witnessed an 
increase of popuhition equal to the accumulation 
of the previous fifteen. We have observed with 
gratification and pride the busy haunts of industry 
becoming more diversified. In this county so 
noted for its agricultural and horticultural pur- 
suits and wealth, we now behold the hammer and 



300 HISTORY OF SAN JOSfi 

the loom contending with success against the 
monopoly of eastern manufacturers. The raw 
materials, here in the land of their production, are 
checked in their continental transit, until home 
fabrication has prepared them for the uses of art 
and the wants of life. If we study with care the 
resources of this land, — a land with which nature 
has been prodigal with gifts — we will perceive 
Various industries yet undeveloped, which, if pur- 
sued with economy, will be far more profitable 
than anticipation has even suggested. Then the 
artisan, the merchant, and the producer, as natu- 
ral allies, upon principles of perfect reciprocity, 
will furnish each other, within our own confines, 
the resources of trade and the necessities of life, 
and administer to the wants of others now igno- 
rant of our resources and capacities. 

The improvements and increase of wealth and 
population, which I shall register as produced within 
this semi-decade of years, will evidence wonderful 
prosperity for this inland city. 

J.anuary, 1866. ' On the first day of this month 
was issued the first number of the " Daily Patriot," 
by Mr. B. F. Murdoch as editor and proprietor. 

On the sixth, Wm. A. January, as editor and pro- 
prietor, commenced to publish the '' Santa Clara 
Argus," a weekly paper. 

February 15th. Two shocks of earthquake, just 
about breakfast time, to settle the meal, appeared 
between eight and nine o'clock. 



AND SURROUNDINGS. 301 

On this same day the prisoners escaped from the 
jail, one of whom killed Wm. H. Hendricks, the 
jailor, in the attempt to escape. 

Februar}^ 28th. The city council passed an ordi- 
nance setting forth the manner and mode of apply- 
ing for titles to city lots under the Pueblo grant. 

March 1st. Knox and Beans opened a private 
bank. 

March iTth. The city was re-incorporated. 

April. At the city election six hundred and fif- 
teen votes were cast. 

April l^h. The City passed an ordinance to sell 
portions of Market Square, outside of the plot drawn 
as the part to be reserved. The owners adjacent 
thereto were first entitled to the lands thus to be 
sold, at one dollar and a half per foot front. 

The magnificent Court-house, the finest in the 
State, and next to the State house the most splen- 
did edifice, was commenced this summer, and fin- 
ished in 1868. 

From whatever direction chance brings the vis- 
itor to San Jose, the first object that greets his eye 
is the strong-ribbed and gracefully-curved dome 
which surmounts this grand and spacious structure. 

The earliest hght which comes streaming through 
the pearly gates of Morn smiles upon its noble 
facade, fashioned after the forms modeled b}^ the 
artistic hand of Pericles, to adorn the Athenian 
city, to attract the Athenian gaze; and the last 
rays of the setting sun linger and play in rose and 
purple tints on its glassy dome. 



352 HISTORY OF SAN JOSfi 

This splendid edifice of the Roman Corinthian 
Order, is situated on the west side of First street, 
opposite St. James Square. Its foundation walls 
rest on a substructure of concrete extendino" six 
feet below the surface of the ground, and six feet 
in thickness. Tlie lowest floor is supported by 
heavy brick arches. All of the walls are of brick. 
That of the basement is four feet thick; and above 
that, twenty-one inches. The building has two 
stories above the basement; one hundred feet front; 
one hundred and forty feet in depth hicluding por- 
tico; height to cornice fifty-six feet: to ^p of dome 
one hundred and fifteen feet; to top of flag-stafi 
one hundred and eighty-five feet; greater diameter 
of dome fifty feet; lesser diameter seventeen feet. 
Its columniated facilde, a hexastyle portico, is 
splendid. It exhibits ample evidence of the abil- 
ity of the architect ; his correct knowledge of inter- 
columniation, which is of vast importance, inasmuch 
as the heaviness or lightness of effect depends much 
upon the interspace; and also much rests upon the 
proper observance of the relative dimensions of 
cornice, frieze, and blocking course. It is indeed 
artistic in every particular, showing richness, ele- 
gance, and strength. The portico is seventy-six 
feet long and fifteen feet deep; height of columns 
thirt3^-eight feet, diameter four feet.^ It is flanked 
by four fluted pilasters supporting the entablature. 
On each side there are sixteen windows; the upper 
ones with pediments; the lower ones with arched 



AND SURROUNDINGS. 303 

pediment heads. The windows are made of the 
the best French plate glass, manufactured e^^pressly 
for this building. The fagade has the main entrance 
and fourteen windows. All of the window frames 
are highly ornamented, made of cast-iron, weighing 
three thousand pounds, with iron shutters of six 
hundred pounds; and supplied, with interior blinds. 
The roof is covered with zinc. The dome is 
lighted by eleven elliptical windows, surmounted 
■with an iron railing three and one half feet high; 
and is reached by a stairway of one hundred and 
seventy-two steps with three landings. The exte- 
rior of the edifice is cemented in imitation of stone. 
On the frieze is inscribed in high relief, " Justiti^ 
Dedicata." 

The main entrance is b}^ an ascent of nine feet, 
up thirteen granite steps, which lead to the iron 
door of the facade, which is eight feet wide, and 
twelve high, and which is in two parts, that slide 
into the walls on each side respectively. 

. The building has twenty-one rooms, two of which 
are designed as court-rooms, and the others for 
the various county officers, all of which are well 
arranged and finely furnished. The principal court- 
room is sixty-five by forty-eight feet, and thirty- 
eight high, and is lighted mainly from the ceiling, 
which has twelve neatly ornamented and deep- 
sunken panels, set with ground glass. The ceiling 
is supported by fluted pilasters of the Corinthian 
and Ionic orders. Behind the forum is a recess 



304 H4ST0RY OF SAN JOSE 

over which is written, •' Justiti^ et Clementi^." 
In the corners of the room are niches supplied with 
water for drinking purposes. The whole build- 
ing is well supplied with water, gas, and all of the 
modern style of conveniences. It is heated by one 
of the largest sized Chilson furnaces, erected in the 
basement. It was built under the supervision of 
the able architect, Levi Goodrich, Esq., of this 
city. The cost of the building, furniture, and fix- 
tures, up to June loth, 1868, was one hundred and 
seventy-three thousand seven hundred and thirty- 
seven dollars and ninety-six cents. This noble and 
massive pile is a lasting monument of the wealth, the 
generosity, the taste, the pride, and the advance- 
ment of its contributors. From its lofty dome, 
what beauty, what grandeur present themselves ! 
You may behold the city of San Jose sitting like a 
queen surrounded by her regal estate, in the fair- 
est valley of the land, bathed in all the glory of 
the morning sun. Or, you may ascend there after 
the meridian of day, and behold all that splendor 
amid luxuriant foliage, flowers, fruit, and grain, 
yielding their graceful forms to the cadence of tlie 
afternoon breeze, while their mingled incense per- 
fumes the purest and brightest of skies. 

The Methodist Episcopal Church on the south- 
west corner of Second and Santa Clara streets, was 
erected this year. This was a frame building, 
formed in an elegant style. It was subsequently 



AND SUEROUNDINGS. 305 

moved on to Second street, where it was burned, 
it was supposed, by an incendiary. 

A fire-proof building was built on the west side 
of First street, near San Fernando, by Messrs. 
Haskel and Porter; it is ninety by sixty-nine feet 
in area, and two stories high. 

On the same side of the same street, four other 
brick buildings were put up. One by Messrs. 
Strauss and Brown; one by Mr. Messing; one by 
S. A. Clark; and one by J. Stock. 

-During this year very considerable improve- 
ments were added to the city. 

In the spring, the votes cast at the city election, 
numbered six hundred and fifteen. 

Mr. L. Prevost raised one hundred thousand 
silk-worms. 

Messrs. ISi euman and Meyers received, from the 
East, twenty-five silk-looms. 

November 26th. The San Jose Water Company 
was organized by Messrs. D. M. Kenzie and John 
Bonner, of San Jose, and A, Chabot, of Oakland, 
with a capital stock of one hundred thousand dol- 
lars. The company obtained the exclusive water 
privileges for the city of San Jose and town of 
Santa Clara, for the term of twenty-five years. 
They constructed tanks, engines, laid water-pipes 
through the main streets in San Jose, and supplied 
the city with water from artesian wells, for the 
term of two years and six months. The volume 
of water thus obtained was insufficient to meet 

20 



306 HISTORY OF SAN JOSfi 

the demand, and the right to the use of the water 
m Los Gatos creek was procured. A reorganiza- 
tion of the company took phace on the twelfth of 
December, 1868, at which time the capital stock 
was increased to three hundred thousand dollars. 

In November, 1869, the company commenced 
to build flumes and lay pipes, to convey the water 
from Los Gatos creek. In June, 1870, this water 
was thus conducted to the city. There has been 
constructed, and now in use, two miles of flume, 
and eight of thirteen-inch pipe to San Jose, and 
two miles of seven-inch, to Santa Clara. At about 
seven miles from San Jose, there is situate a res- 
ervoir with a capacity of two and one half millions 
of gallons. Within a distance of three and one 
half miles from the city; another is in process of 
construction, which is to have the capacity of 
three and one half millions of gallons. Twelve 
miles of the main pipe have been laid in San Jose, 
and it will be extended from time to time, as may 
be required. The officers of the company at pres- 
ent, are as follows: President, jST. H. A. Mason; 
Treasurer, E. McLaughlin; Superintendent, C. H. 
Hobbs; Secretary, Wm. B. Rankin; Directors, N. 
H. A. Mason, A. Chabot, J. G. Bray, E. McLaugh- 
lin, and C. H. Hobbs. 

1867. January. The City Council purchased a 
block of six fitly- vara lots, on the north side of 
Santa Clara, between Sixth and Seventh streets, 
at a cost of three thousand two hundred and fiity 



V AND SURROUNDINGS. 307 

dollars. On these premises, during this year, was 
constructed the splendid edifice which now stands 
there, for the common schools, at an expenditure 
of twenty thousand dollars. It has eight class 
rooms, fourteen feet high, also, an exhibition room 
in the attic fifty-eight by seventy feet in area, and 
seventeen high. It is well supplied with hat, 
dressing, and wash-rooms. The windows are hung 
with weights, and slide up and down like the 
sash, within the window frame. It is also well 
supplied with gas and water. Its capacity is suf- 
ficient to accommodate seven hundred pupils. 

The Young Men's Christian Association was 
formed this spring. 

March 12th. The city purchased with her school 
fund, thirty-seven thousand dollars of the county 
bonds. 

April election for city of&cers, showed live hun- 
dred and forty-seven votes. 

Martin Corcoran opened, about th^ 6th of July, 
his hotel on the west side of First, near St. John 
street. This is the New- York Hotel, well kept 
by a man who served our country in the nav-y, 
and was taken prisoner in 1846, by the Mexican 
forces in the northern part of this valley. 

Messrs. Levy Brothers commenced to build a 
two story fire-proof block on the southwest corner 
of First and Sunta Clara streets. This structure 
has sixty-four and three quarters feet front on 
First street, and a depth of fifty-six and one half 



808 HISTORY OF SAN JOSfi 

feet on Santa Clara street. Adjoining this build- 
ing, is one erected by John Biilback, on Santa 
Clara street, with a frontage of eighty-one and one 
third feet, and running back one hundred feet in 
part, and in part, only sixty-five. It is two stories 
high, with a capacity of four stores below, and 
numerous offices above. 

Mr. Wilcox tore down a part of the Morgan 
House on First street, and erected instead thereof, 
a brick building with a front of twenty feet, and 
a depth of ninety. The lower part is used as a 
store, and the upper is occupied for hotel pur- 
poses. 

July. The City Council appointed J. W. Cary 
to mark the names of the streets at the corners 
thereof. 

September. The vote of San Jose was one thou- 
sand three hundred and forty-five. 

Mr. Knoche erected a brick house on El Dorado 
street. 

Dr. Knox built four brick stores on the west 
side of First, near Santa Clara street. 

Calvin Martin erected three stores on the same 
side of the same street, adjoining those of Dr. 
Knox. 

A large number of houses were built this year; 
and a general prosperity seemed to exist. There 
were scarcely any vacant houses; none in fact, 
that were well arranged for general conveniences. 



AND SURROUNDINGS. oU'J 

1868. January 2d. The city voted to extend 
Market street through Market Square. 

On the third Monday of this month, the Court 
occupied, for the first time, the new and mag- 
nificent Court-house. 

March 1st. The Bank of San Jos6 opened this 
day, with a capital stock of two hundred and fifty 
thousand dollars. 

Also, the San Jose Savings Bank, with a capital 
stock of one hundred thousand dollars. It was in- 
corporated January 30th, of this year. 

Mr. Martin Murphy built the brick stable on 
the south side of Santa Clara street, near the 
corner of Lightstone alley. 

A fine brick building on the east side of First 
street, near El Dorado, was erected this spring. 

The number of votes polled at the city election, 
was one thousand and eight. 

Mr. Pfister built a brick house on the corner of 
Santa Clara and Second streets. 

Geo. E. Houghton leased the San Jose Institute 
and Commercial College. 

Prof. Hallam opened his Academy on Monday, 
August 10th, in Armory Hall. 

On this day the first number of the " Daily 
Argus" was issued, and the last number November 
7th. 

Charles Otter built a brick house on the south- 
west corner of First and St. John stre/ets. The 



310 HISTORY OF SAN JUSfi 

upper part of this iDuilding is occupied by Martin 
Corcoran, in connection with his hotel, adjoining. 

The Legislature of this Stale, in March, of this 
year, granted a franchise to S. A. Bishop, Charles 
Silent, Daniel Murphy, D. B. Moody, and their 
associates, to build a horse-railroad from this city 
to Santa Clara, along the Alameda road. Murphy 
and Moody declined to avail themselves of the 
franchise. S. A. Bishop, John H. Moore, Charles 
Silent, Hiram Shartzer, B. Bryant, and D. W. Bur- 
nett, organized, and were elected Directors; from 
among whom were chosen officers, as follows: S. 
A. Bishop, President; John H. Moore, Treasurer; 
and Charles Silent, Secretary. The work on this 
road was commenced August 31st, and completed 
the first day of November, on which day the cars 
began to run from First street, in San Jose, to 
Main street, in Santa Clara, a distance of about 
three and one half miles. In August, 1869, the 
road was extended eastward along Santa Clara 
street, to the Coyote creek bridge, making the 
whole length of the railroad about five miles. 
This distance being too great for the horses, if 
used at the necessary speed, the company applied 
to the Board of Supervisors for the privilege of 
conducting the cars by steam, which was granted 
on the sixth of July, 1870. 

October 21st. The severest earthquake ever 
known here. 

The houses generally were rented ; and it was 



AND SUKROUNDINGS. dii 

difficult to find vacant ones, except a few of 
small capacity. 

1869. January. The San Francisco railroad 
was extended south to the Fifteen Mile House, on 
the eleventh. 

During this month, the Methodist Episcopal 
church sold their ground at the corner of Santa 
Clara and Second streets, for the sum of sixteen 
thousand dollars, and moved the church building 
on to the west side of Second street, between Santa 
Clara and St. John. 

The city purchased a lot on the east side of 
Second street, having twenty feet front, and fifty 
varas in depth, at a cost of one thousand six hun- 
dred dollars, for an engine house. 

February 22d. A fire destroyed the Methodist 
church on Second street. The loss, including fur- 
niture, was eighteen thousand dollars. The in- 
surance covered ten thousand. 

March 13th. The railroad was extended farther 
south, to the town of Gilroy, a distance of thirty 
miles from this city, making the road eighty miles 
long, from San Francisco to Gilroy. The cost of 
the whole road was about two million five hundred 
thousand dollars. It was the most extensive suc- 
cessful enterprise ever undertaken in the State with 
private means. While on tjje subject of this rail- 
road, I will here give an account of its receipts 
during a period of four years, commencing with the 
year 1866, as follows: 



312 HISTORY OF ^AN JOsE 

Amounts received on freight to San Jose. — 
1866, forty thousand three hundred and thirt}^- 
eight dollars and thirty-six cents; 1867, thirty- 
nine thousand eight hundred and fifty-five dollars 
and twenty -seven cents; 1868, forty-six thousand 
three hundred and thirteen [dollars and twenty- 
four cents; 1869, fifty-nine thousand and seventy- 
one dollars and fifty-four cents. 

Amounts on freight sent from San Jose. — 
1866, fifty-seven thousand and fifty dollars and 
thirty-two cents; 1867, seventy-nine thousand 
eight hundred and thirty-eight dollars and twenty- 
one cents; 1868, eighty-two thousand five hun- 
dred and eighty-nine dollars and eighty-five cents; 
1869, forty-six thousand three hundred and fifty- 
six dollars and sixtj'-six cents. 

The passage money going from San Jose, was 
on an average, two hundred dollars per day. 

April. Washington Square was improved by a 
circular drive, being made at a cost of four hun- 
dred and thirty-five dollars. 

C. T. Ryland built an additional brick-building 
two stories high, on his premises on the east side 
of First street, near San Fernando. 

June 17th. The wife of John Hauser was found 
murdered. For which crime he was convicted in 
the following year of 1870. 

July 18th. The Methodist denomination, having 
erected a new frame church on the same ground 
^vhere the other was burned, to-day dedicated the 



AND SURROUNDINGS. 313 

same ; Bishop Kingley preaching the sermon. This 
church and furniture cost twenty-one thousand 
six hundred and sixty-five dollars and three cents. 
There beino- the sum of six thousand three hun- 
dred and five dollars and ninety-four cents unpaid, 
a subscription was taken which resulted in 'pro- 
curing the amount due, minus four hundred dollars, 

August. The new brick building of H. M. New- 
hall, on the northeast corner of Santa Clara and 
Market streets was finished. The lot has sixty- 
eight feet ten and a 'half inches on Santa Clara 
street, and one hundred and ten feet on Market. 
It cost twenty thousand dollars, and the building 
thereon, fifty thousand dollars. 

September. The township vote of San Jose was 
one thousand five hundred and fifty. The Catholic 
frame church was erected this year. 

On the sixth of September, the cars ran through 
from Sacramento to this city. 

December. The latter part of this month the 
City Council made some steps toward the improve- 
ment of St. James Square. 

This year there were in the city of San Jose, 
one thousand five hundred and forty-two scholars 
between the ages of five and fifteen years; about 
one half of whom were boys. Under the age of five 
years, there were nine hundred and sixty-five. 
There were thirty negro children, fourteen of 
whom were boys. 



314 HISTORY OP SAN JOsfi 

1870. January 1st. The San Jose City Directory 
and Business Guide, of Santa Clara county, was is- 
sued by Messrs. Pomeroy and Calahan; the houses 
all having been numbered the year previous. 

Amount in city treasury on the eighth, forty- 
nine thousand and thirty-seven dollars and twenty- 
nine cents. 

March 11th. The final vote of the Legislature, 
on the permanent location of the Normal School, 
gave a majority of eight votes in favor of San Jose. 
Forty-seven votes in favor of this city, and thirty- 
nine for Napa. 

April 1st. There were forty-two thousand nine 
hundred and thirteen dollars and forty cents in 
the city treasury ; thirty-one thousand five hundred 
and forty-eight dollars and twenty-seven cents of 
which were Common School Fund. 

On this day the Legislature passed a law for the 
government of the Fire Department of this city. 

At the city election one thousand two hundred 
and twenty-six votes were polled. 

May 17th. The " Daily Independent" was first is- 
sued to-day by Messrs. H. S. Foote and D. M. 
Adams. It has met with great success, and is in- 
creasing in circulation. It receives its telegraphic 
despatches from the East concurrently with the 
newspapers in San Francisco. It is the only morn- 
ing daily in the county. 

June 12th. During the last twelve months, the 
amount of gas consumed in the city, was three 



AND SURROUNDINGS. ' 315 

million nine hundred and sixty-one thousand two 
hundred and seventy cubic feet; which required 
four hundred and seventy-four tons of coal. There 
were two hundred and eighty-five consumers and 
forty-one street lamps. The present price of gas 
is seven dollars per one thousand cubic feet. 

July 21st. ©n this day appeared in the market, 
the first manufactured goods from the San Jose 
Woolen Manufacturing Company. The first goods 
were in the form of blankets, and of a superior 
quality. This company is incorporated; and was 
organized on the twenty-sixth of February, 1869. 
Its capital stock is two hundred thousand dollars. 
It commenced to run the mill on the thirteenth 
day of July, 1870. The building is situated nearly 
a mile north of Santa Clara street, and about on a 
line with San Pedro street. It is three stories 
high, and fifty by one hundred and ten feet in 
area, exclusive of engine and dye-houses, etc. It 
contains six sets of machinery of the best quality, 
and is worked by steam power. Its entire struc- 
ture has been under the supervision of the Hon. 
R. J. Peckham, of this city. It has the capacity 
of making one hundred and forty-four thousand 
yards of cassimere, sixty-four thousand of flannel, 
and five thousand pairs of blankets per annum. 
It employs at the present time about forty- three 
hands. It is able to compete with the eastern 
market in the prices and qualities of its manufac- 
tures. 



316 HISTORY OF SAN JOSfi 

August 18tli. Brohaska's Opera House was 
opened for the first time this evening. It is situ- 
ated on the north side of Santa Clara street, be- 
tween Second and Third, and will contain about 
fifteen hundred persons. It is an elegant theatrical 
house, and spacious for a city of the population of 
San Jose. It is ninety-seven by ^xty-four feet, 
with dress circle capable of accommodating four 
hundred and fifty persons. It was erected during 
the present year. Miss M. E. Gordon, (Mrs. John 
T. Kaymond), made the first appearance on the 
stage, and read, in a clear and easy manner to a 
crowded audience, the opening address, written by 
the author of this work, and which is as follows: 

" Friends of the Stage: — To-night you throng this 
fair fabric to witness its consecration to the realm 
of the Muse. It is reared, not like Nero's palace 
all shining with gold, but adorned with Modesty's 
hand, in the fairest valley of the Golden State: in 
the beautiful city that sits like an islet of flowers in 
a sea of golden grain, beneath a pure and genial 
sky. 

''This edifice and your presence, alike attest 
your unwillingness to refuse tribute to the scenic 
art. May it stand as a monument of your respect 
for dramatic skill, as a shrine for dramatic genius. 
You dwell in the land of the vine and fig tree, 
cultivating the soil; a pursuit which is the true 
foundation of the riches of State, and which 
leads the human mind to industry, noble thoughts 



AND SURROUNDINGS. 317 

and noble deeds. Surrounded too by literary 
institutes thickly clustered, archip61ago-like ; 
where youth is reared to that standard of refine- 
ment and virtue which appreciates in a high de- 
gree of excellence the productions of the drama, 
'and knows 

Virftious plays where the Muses dwell 
Charm the soul with a magic spell. 

"When Athens gave laws to the whole world, 
her theatres were thronged with admiring eyes and 
listening ears. The polished Grecians assembled 
before the stage to listen to the voice of eloquence, 
wit, poesy and mirth, and words that were sparks 
of Immortality. In the drama you behold the 
glowing portraits of life, as portrayed by the im- 
mortal genius of Shakspeare, so true to nature, 
and which have been so beautifully reflected by 
the actor's mind on the stage, as to betray the 
full splendor of the original orb itself. While we, 
whose mother tongue is English, hold in proud 
remembrance the name of that immortal bard, you, 
of Germanic speech, may well flush with pride at 
the names of Lessing, Goethe, and Schiller. 

" When the day's labor is over, when fatigued 
from continuous toil, well may you seek repose in 
the shades of wit, where it is designed 

' ' To wake the soul by tender stroke of art, 
To raise the genius, and to mend the heart ; 
To make mankind in conscious virtue bold, 
Live o'er each scene, and be what they behold ! " 



318 HISTORY OF SAN JOSfi 

'' Lovers of the drama, you to whom we look 
for 23i'iiise''or indulgence, remember that our task 
is a difficult one. We must please not one, but 
the many; and he or she, on whom the j)ublic 
gaze, has no easy fate, but many trying moments. 
Reflect before you condemn — try us not by the 
standard of a Garrick, whose matchless powers 
entwined his name with that of the " Great Dra- 
matist," in a wreath of immortality. If we shine 
as lesser lights^' we hope, not too faintly, to exhibit 
a fair representation of what is dignified, noble 
and grand in human nature. 

''As you harvest your rich fields of grain — as 
the staff of life, and sip liquids from the clustered 
grapes, sweet to the taste and sparkling to the 
eye — so may you often come here for the harvest, 
where you may, perchance, gather clusters of 
thought, which will be sweet to the soul, and will 
gem the chambers of Memory bright as the pave- 
ment of heaven. 

" Receive our hearty welcome; may we be true 
to "Nature, History and you," and may our faith- 
ful exertions win your honest smiles, and frequent 
presence." 

Then followed the play of " London Assurance," 
Miss Gordon playing the role of Lady Gay 
Spanker, and Mr. Raymond that of Mark Meddle. 

August 23d. The Jewish Synagogue was this 
day dedicated. 



AND SURROUNDINGS. 319 

August 31st. A fire destroyed two wooden 
buildings 'on Santa Clara street, opposite the 
Auzerais House. A brick building is now in pro- 
cess of erection on the same site. 

Washington Square is situated in a central posi- 
tion, and bounded by the following streets: On 
the north by San Fernando, on the east by 
Seventh, on the south by San Carlos, and on the 
west by Fourth. It is eleven hundred and sixty 
feet long, and one thousand and five wide. It is 
dotted here and there by shrubs and trees, which 
time will soon form into a beautiful grove; and, 
as they are fed with the sparkling waters that gush 
up from its deep-sunken wells, they will become 
garnished with verdant foliage, golden fruit, and 
variegated blossoms that will scent the ambient air 
with sweet perfumes, gladden and freshen the 
hearts of the daily visitors that are wont to fre- 
quent its attractive grounds. 

In the centre of the Square, is now in process of 
erection the California State Normal School build- 
ing. This edifice will stand facing westward, that 
the inmates of the palatial pile, whose sight may 
become wearied by the view of man's printed 
theory of nature, may, at the closing hour of 
study, be refreshened by a glance at, Nature her- 
self; in beholding the setting sun as he leads away 
the parting day, and leaves behind a train of gor- 
geous imagery, in rose, purple, and golden tints 
arrayed in awful majesty athwart the living sky; 



o20 HISTORY OF SAN JOSfi 

beneath which, the serrated mountams, azurecl m 
the dye of distance, seem the supporting columns 
of the heavenly dome. 

The following is a description of the edifice 
when completed, according to the plan of the 
architect: Leno;th of whole facade, two hundred 
and eighty-four feet, exclusive of verandas; and, 
mcluding them, three hundred and fourteen. The 
main building will be one hundred and sixty feet 
deep, exclusive of verandas; and, inclusive of 
them, two hundred and twenty-nine; and sur- 
mounted by a tower, one hundred and fifty-two 
feet high. Its height to top of cornice, seventy 
feet; its order, Corinthian. Its portico will be 
supported by ten Corinthian columns; the frieze, 
cornice, and tower, by Corintliian pilasters. Its 
tower may be used as an observatory, having an 
easy access by a flight of stairs. It will contain a 
clock, and on its four respective sides a dial. The 
two buildings, respectively, on the sides of the 
main one, will be seventy feet deep, exclusive of 
verandas. The two wings are respectively, one 
hundred feet long, and each surmounted by a 
tower in their central front, eighteen feet square, 
and ninety-three high. The side and wings will 
be sixty-sev»n feet high to top of roof, and their 
style composite or modern. 

The basement will be ten feet high in the clear, 
and contain rooms for play, laboratory and chemi- 
cals; chemical class, janitor, heating apparatus; 



AND SURROUNDINGS. 321 

vault for chemicals; heating vaults, for ventilation ; 
coal, fuel, dust, and ash vaults. The second story 
will be seventeen feet high in the^lear, and con- 
tain rooms for classes connected by ante-rooms; 
study rooms; rooms and parlors for reception; 
principal office, with clerk's office ; recorder's room, 
with fire-proof safe ; committee rooms ; rooms for 
reference, library, and maps, instruments and ap- 
paratus; two wash and two toilet-rooms, with six 
water-closets each. The third stdry will contain 
class, recitation, music, society, and study-rooms; 
museum; and the principal hall, denominated the 
Normal School Hall, for exhibitions; which will 
be in the central part of the building, and ninety- 
one by sixty-six feet in area, and forty high ; and 
will accommodate about ' nine hundred persons. 
The floor will be inclined; the gallery seats will 
face the centre of the stage, at right angles; and, 
in this respect, is different from any other. The 
advantage arising therefrom, is, that every seat 
will have a fair view of the stage. The lower floor 
of this hall, and the gallery, will contain each four 
aisles. Four stairways lead to the lower floor, 
and an equal number to the galler37^, making in- 
gress and egress, in case of accident, quite easy. 
Connected therewith, will be two wardrobes and 
lobbies; drawing-rooms and water-closets. The 
stage will be oval, with a central width of twenty 
feet, and length forty-four. The fourth story 
attics of side and wings, will be of mansard roof. 

21 



322 HISTOEY OF SAN JOSE 

The central part, in front of the principal hall, will 
have a corridor; there will be a library thirty-two 
by sixty-six ^et in area, and twenty-four iu 
height, with galleries on three sides; two society 
halls; two halls for gymnastics; rooms for mis- 
cellaneous purposes; dressing and washing-rooms, 
and water-closets. The corridors and passage- 
ways vary from eight to twenty-three feet wide. 
There will be six exterior entrances to the first 
story above the basement, each with a flight of 
stairs; six interior flights of stairs from basement 
to fourth story, with landings at the respective 
floors;, two flights of stairs from upper story to the 
tower; thence up the tower, one flight. There 
will be five principal ventilators, each having 
forty-five square feet of opening. 

The principal hall wiU be ventilated through 
the ceiling, and by flues through the walls. The 
space between the gallery and all other Vooms 
throughout the building will be ventilated by 
flues set in the walls. Every department will be 
supplied with fresh air, by means of tubes passing 
through the walls and floors, and so as to be ad- 
justed as may be desired. The outer walls will be 
cooled ii:^ summer by ventilators, with regulators 
attached. 

The heating will be done principally by steam 
and hot water; some rooms will have fire-places 
and grates. The whole building will be lighted by 
gas. The supply of water will be over-abundant. 



AND SURROUNDINGS. 323 

There will be two tanks, containing over fonr 
thousand gallons each, placed between ceiling and 
roof of upper story. There will 'be fifteen fire- 
offices supplied with fire apparatus, and an abun- 
dance of hose. Also, there will be four hydrants 
outside and close to the building. 

The sewerage will be well made — none can be 
better. Materials: Foundation will be of concrete; 
the walls, partitions of basement, vaults, chimneys, 
and flues of hard-burnt brick. All other work 
will be of wood, save some wrought and cast iron 
work. 

This edifice when finished will be an ornament 
to the city, and a lasting proof of the skill of its 
architect. All the apartments are so well arranged 
as to convenience, safety in case of fire, by the 
opportunities of a rapid and easy egress, and by the 
excellent extinguishing apparatus, together with 
the more than ample supply of water, that no 
danger may be apprehended from the burnhig 
elements. 

Mr. Theodore Lenzen is the architect, and is 
assisted by the artistic draftsmran, Mr. Frederick 
Erie. Mr. P. W. Keardon is superintendent of 
construction. The Rev. 0. P. Fitzgerald is State 
Superintendent of Public Instruction, and is a 
gentleman of much ability, of great popularity, 
and exceedingly well qualified and well adapted to 
the position, which he has held with much satis- 
faction to thai schools, and to the public generally. 



324 ITISTOUY OF SAN JOSf^ 

'l'li(> l>oarcl of li'iistoos is compoBod ns lollows : 
his excellency Clovernor IT. II. Uiiiglit, Ivevorend 
0. P. Fitzgenild, — Doninaii, SuperinteiHleiit of 
Piiltlic Schools ill San I'niucisco, Hon. ('. T. 
llyUuul, ][. (). Wcllcr, Ksq., and Mr. John 11. 
Braley, Supcfinlciideiit of tln^ Tiihlic Schools in 
Santa Clara county; the three last niciitioncMl hcilio- 
residents of this connty. 

The ceremony of layini;- the corner stom^ of this 
edifice took place on the tAvenlielh of Octtober, 
1870. It was conducted by the oilicers of the 
(Irand Lodge of the State, assisted by Howard 
Chapter of Royal Arch Masons; and San Jose 
Encampment, No. 35, of I. ().(). h\ 

The contents oi' the box deposited beneath the 
corner st(uie are as follows: 

Third lUennial Report of the Superintendent of 
Public Instruction for 18(18-9, printed; California 
School Laws, printed; ^IMie California Teachers' 
first, second, and third grade (ycrtific^ates; State 
Educational I)i})loma; Life Diploma of Public In- 
struction ; Normal S(diool Diploma of the State of 
Calil'ornia; Constitntion ol'thcCrand Lodge, F. and 
A. M.: Proceedings of the J\l. W. (I. of California, 
A. Ti. 5800; Rules and Regnlations of the Odd 
Fellows' Library Association, San Jose; Proceed- 
ings of R. W. 0. Lodge, L 0. 0. F., 1808; Holy 
P)il)le printed in 1808; " San Jos6 Daily Indepen- 
dent," Oct. li)th, 1870; "San Jose Daily Patriot," 
Oct. Dth, 1870; "San Jose WeeWy Mercury," 



ANO SUUitOlJNDINGy. 325 

Oct 20tli, 1.870; "Santa Clara ArguH, Oct. 15th, 
1870; '' San Francisco IkillcLiu," Oct. lOth, 1870; 
"San Francisco Chronicle, October 20tli, 1870; "SaiJ 
Francisco New Age," October, 1st, 8th, and 15th, 
1870; ''San Francisco Daily Alta," Oct. 20th, 
1870; ''San Francisco Abend Fost," Oct. lOUi, 
1870; "San Diego Jiulletin," Oct. 10th, 1870; 
'' San Diego Union," Oct. 1 0th, 1870 ; Copy of City 
Charter of San Jos6, 1856; Constitution and By- 
Jjaws of the Empire Engine Company, organized 
1854; Constitution and Ily-Laws of tlie Hook and 
Ladder Company, organized in 1851 ; American lialf 
dollar, 1870, inscribed "I*. W. Reardon, Superin- 
tendent of the California State Normal School 
Building;" American siWer dollar, inscribed, "Cor- 
ner SLone kid Oct. 20th, 1870, by the Oihcers of 
the Order of F. and A. M., T. Lenzen, architect and 
jdineipjil overseer, F. Erie, assistant drauglitsman 
of the California State Normal School Building;" 
^rhe proceedings of the laying of the* corner stone 
of the Catholic Church, written in Spanish, 1803; 
copy of the foundation of the first public school 
in San Jos6, Oct. 26th, 1811, written in Spanish; 
various samples of silk, cocoons, thread, etc., by 
Joseph Newman; a ticket to the Grancl Industrial 
Fair of Nevada City, Cal., No. 3190, tlie proceeds, 
should the ticket draw a prize, to be donated to 
the State Normal School, j^liK-ed by the agent, 
San Jose ; a certificate of membership of the 
Santa Clar^^ V, A. Society of Fedro de Saisset; 



326 HISTORY OF SAN JOSfi 

Copy of Constitution and B3^-Laws of the Fire- 
men's Charitable Association; Constitution and 
By-Laws of the Torrent Engine Company, No. 2, 
organized 1856. 

After the special ceremonies of the officers of 
the Lodge were completed, the Rev. 0. P. Fitz- 
gerald delivered a very able address, and thus 
ended the proceedings. The young ladies of the 
Normal School, from San Francisco, the children 
of the Common Schools of this city, and a large 
concourse of the citizens of the valley were present, 
all escorted to and from the premises by a band 
discoursing sweet music. 

The Musical Hall, on the east side of First 
street, standing on the site of the old Mansion 
House, was finished this foil. It is finely finished, 
having a large concert-hall in the second^ story, 
which may be used for theatrical entertainments 
and dancing. The remaining portions of the 
upper story is occupied as offices, and the lower 
part as stores. It is an ornament and a great 
convenience to the city. It was built by Mr. 
Sidney M. Smith, under the directions of Charles 
D. Bugbee, as architect. 

A brick jail in now in course of erection, in the 
rear of the Court-house. Its dimensions are one 
hundred and twenty feet long, by forty-two in 
Avidth, and twenty-five high; with an ell forty-two 
by forty-two feet, three stories high. The mate- 
rials are brick, stone, and iron. There will be an 



AND SURROUNDINGS. • 327 

office for the jailer, and all necessary conveniences. 
The cost will not be less than fifty thonsand dol- 
lars, and probably nearly sixty thousand. It 
will be, when finished, the best arranged' and 
strongest prison in the State. The construction 
is under the direction of Levi Goodrich, Esq., 
architect. 

This fall was organized Washington Hose Com- 
pany, No. 1. The mansion of Mrs. Samuel J. 
Hensley, situated within her elegant grounds, was 
completely destroyed by fire on Saturday morning, 
at half-past three o'clock, November 26th, 1870. 
The gardener came home intoxicated, and it is 
supposed that through carelessness he set his bed 
on fire. Nothing was saved except one picture 
and some valuable jewelry. The gardener perished 
in the flames. 

During the last of November, and the first part 
of December, the sidewalk on the north side of 
Santa Clara street, between Market and First, was 
extended to sixteen feet in width, laid with brick, 
covered with asphaltum, and curbed with granite. 

The township of San Jose contains twelve thou- 
sand five hundred and twenty-five inhabitants; 
two thousand five hundred and fortj^-seven fami- 
lies; and two thousand six hundred and sixty-one 
houses. Within the city limits, the population 
numbers nine thousand one hundred and eighteen. 
The value of real estate in the township is esti- 
mated to be sixteen millions nine hundred and 



*k 



328 • HISTORY OF SAN JOSE 

tliirty-one thousand and forty-four dollars; per- 
sonal property, six million three hundred and 
twelve thousand seven hundred and eighty-seven 
dollars. 

All the streets of importance are well graded, 
graveled, and curbed; having gutters, sewers, and 
open drains. It is true, at present, the sewerage 
is not so good as it ought to he, but it can be 
remedied, and measures for that purpose will soon 
be undertaken. 

The city has a well-organized Fire Department, 
of which James V. Tisdall is Chief Engineer. The 
Department embraces four companies, as follows: 
two engine, one hook and ladder, and one hose. 

The supply of water is ample. The numerous 
artesian wells, and the strea],ns from the mountains, 
which run to the city through the pipes of the 
Water Company, ensure a great supply of that 
element for all purposes whatsoever. 

There are eight churches in the city, denomi- 
nated as follows: One Roman Catholic, one Pres- 
byterian, one Baptist, two Methodist, one German 
Methodist, one Episcopal, one of the Evangelical 
Lutheran. Also, a Unity Congr,egation, who have 
no church building, but have regular service in 
one of the public halls. 

There are six buildings for public schools 
within the city. The value of the premises is not 
less than about seventy thousand dollars, exclusive 



AND SURROUNDINGS. 329 

of furniture; and with the furniture, eighty thou- 
sand dollars. 

There is now on hand school funds to the 
amount of twenty thousand dollars. 

There is no town so well provided with schools 
in the State ; nor any town with such an amount 
of school funds. All the moneys derived from the 
sales of Pueblo lands, that is, land belonging to 
the city, are placed in the school fund. 

The advantage of obtaining books here is great. 
There are several book-stores in the city, which 
are supplied with large assortments. One in par- 
ticular, that of Mr. lA.. Waldteufel, contains the 
best assortment of books in every department of 
learning to be found in any city of the United 
States, of the size of San Jose. I speak of it as 
a remarkable fact, and one of great convenience to 
the valley. 

The value of property assessed in the city for 
the year 1869, was three million seven hundred 
and nine thousand and fifty dollars, divided as fol- 
lows: Land, one million two hundred and eighteen 
thousand three hundred and sixty-five dollars; 
improvements, one million one hundred and eighty- 
two thousand six hundred and forty-five dollars; 
personal property, one million three hundred and 
eight thousand and fifty dollars. The rate of as- 
sessment that year, was one dollar and twenty 
cents on the hundred dollars. 



330 HISTORY OF SAN JOSE 

For the present year, the vahie of property and 
assessments were as follows: Total amount as- 
sessed, three million nine hundred and ninety-one 
thousand nine hundred and ten dollars, divided 
thus; Land, one million four hundred and ninety- 
five thousand three hundred dollars; improve- 
ments, one million three hundred and eighty-two 
thousand one hundred and forty dollars; personal 
property, one million one hundred and fourteen 
thousand four hundred and seventy dollars. 

The rate of assessment was one dollar and five 
cents on the hundred dollars. The revenue thus 
received has been divided aad appropriated in the 
following proportions: For school purposes, thirty- 
five per cent.; Fire Department, twenty per cent.; 
general purposes, forty per cent. ; sewerage, ten 
per cent. 

The improvements in the streets which are con- 
tinually going on, as demanded by the growth of 
the city, are explanatory of a good share of the 
expenditures. 

The assessment is generally fixed on an amount 
equal to about one third of the real value of the 
land, and from one half to two thirds of the value 
of the improvements. 

The city is out of debt, and has been since the 
year 1865. It has on hand over forty thousand 
dollars, one half of which belongs to the school 
fund. 



AND SURROUNDINGS. 331 

Three weekly and two daily papers, are pub- 
lished in this city, namely, the " Santa Clara 
Argus," the "San Jose Patriot," and the "San 
Jose Mercury," issued weekly; and the " Daily In- 
dependent," a morning, and the San Jose " Daily 
Patriot," an evening paper. 

I have recounted the dates of the fabrication of 
most of the main brick buildings, and those in the 
nature of public buildings, independent of their 
materials. It could not be expected that the 
erection of every building in the city would be 
noted; but it may not be uninteresting in after 
years, to review the growth of the city, step by 
step, by a glance at the respective dates of com- 
mercial houses, and those of general business,' 
which may give some idea of the gradual advance- 
ment of this thriving inland city. The great and 
important acts of the people have- been mentioned, 
though some, perhaps, have been disregarded, 
which were of equal importance with many of 
those recorded. It would be more than would be 
expected, that every crime and punishment, every 
little excitement which chanced to stir the com- 
munity, should be herein set forth. I have been 
more particular to record the crimes in the earlier 
history of the town, in order to illustrate the moral 
condition of the general community, at a time 
when the social laws and regulations were more 
than usually at variance with the settled state of 
affairs in the older parts of our nation. However 



332 HISTORY OF SAN JOSfi 

incomplete my annals may be, they cannot fail to 
present some general idea of the changes and 
progress of this opulent and pleasant city. In its 
social and financial conditions, and in its general 
advantages, it is scarcely surpassed by any city of 
its compass. The fame of its climate, of which I 
shall say more, has become Avorld-wide. 
Here nestles the Queen City amid 

" The pomp of groves, and garniture of fields" 

m the lap of a luxuriant elliptical valley, freshened 
by innumerable artificial springs, fringed by two 
murmuring streams, the Gaudalupe and Coyote, 
and embraced by gently sloping Jiiountains man- 
tled with verdure, which, ere long, will be adorned 
with the clustered vine — rich vegetation — their 
crests crowned with floral diadems, basking in the 
earliest light of morn, and vieing in beaut}^, fra- 
grance and splendor, with the loveliest flowers of 
the dale. 

This enchanting spot allures the visitor to stay 
and inhale the freshness ' of a balmy clime, whers^ 
health seldom fails to paint the human cheek with 
the bloom of the morning rose. 



AND SURROUNDINGS. 333 



CHAPTER XXIII. 

THE I'TJBBL.O LA-ND TITLE. 

Law Defining Pueblos. — Act of Congress, March 3d, 1851. — Action 
of the Board of Land Commissioners. — Testimony. — Confirmation 
of Four Square Leagues to the City. — Appeal to U. S. District 
Court, and Reversal. — Appeal to U. S. Supreme Court. — Final De- 
cree of Confirmation to the City, of Amount Claimed. — The Land 
Company's Claim to the Pueblo Lands. — Survey of Pueblo Lands. 
—Map. 

The history of San Jos6 would be incomplete, 
indeed, without a succinct narration of the facts 
and law in support of the title, upon which rest 
the claiiUs to all the rich and fertile domain em- 
braced within the confines of the Pueblo, I shall, 
therefore, proceed to recount and explain the links 
which form its chain. 

A Pueblo may be termed a Town, corporate and 
politic. It was enacted by an ordinance of King 
Philip the Second, of Spain, that a Pueblo should 
contain four square leagues of land, to be meas- 
ured in a square, or, in a prolonged parallelogram, 
if the topography thereof did not permit a square 
form, so as to be useful and convenient for the set- 
tlers. « 

This ordinance was, of course, passed in the 
sixteenth century, as Philhp died in 1598. It 



334 HISTORY OF SAN JOSfi 

will be found in the Recopilacion de Leyes de los 
Keyuos de las Indias, Lib. IV, Tit. V, Ley 6. 
(Vol. II, fol. 89, Madrid edition of 1Y74.) This 
Liw has been ever since recognized as in force by 
the Hispano-American jurisprudence. 

No grant was ever made to a Pueblo by the 
Spanish Government, as is made to an individual. 
A settlement was made by virtue of a special de- 
cree or order to that effect; or by settlers under 
the law regulating the founding of Pueblos, which 
acts were then approved by a royal decree, having 
the full force and eflcct of an absolute grant for 
the purposes intended. A Pueblo, as a body cor- 
porate, did not hold the foe in the land, but, 
rather a right analogous to an easement of the 
common law of England. 

The Congress of the United States, on flie third 
of March, 1851, passed a law for the settlement of 
private land claims in California, wherein it was de- 
clared that the existence of a town in California, 
on the seventh day of July, 184G, should be con- 
sidered as, prima facie, presumptive evidence of a 
grant to said town, of all tlie land within its 
boundaries. San Jose, having existed long ante- 
rior to that date, as we have seen, was legally 
entitled to the land within her boundaries; and 
the main question to be ascertained, in the settle- 
ment of the Pueblo claim, w^as the limits and ex- 
tent of those boundaries. Another important 
question was presented, namely, whether the city 



AND SURROUNDINGS. 335 

of San Jos6 was the proper claimant, or the Land 
Company, known in this county by llio fiuiciful 
nam-e of the " Forty Thieves." 

I shall explain the title or claim of the Land 
Company to the Fuehlo lands,. after having com- 
pleted the history of the Pueblo title proper. 

On the twenty-seventh of March, 1850, the 
Legislature of the State of California, passed an 
Act, incorporating the city of San Jose, and de- 
clared that the city should succeed to tlie legal 
right and claims of the Pueblo of San Jose, and 
should be subject to all the liabilities incurred, 
and obligations created by the Ayuntamiento of 
said Pueblo, but not to exercise municipal author- 
ity over the territory not^ embraced within the 
city limits. 

On the fourteenth day of July, 1852, the Land 
Company filed their petition before the United 
States Board of Land Commissioners, asking for a 
confirmation of the San Jose Pueblo lands to them. 
The petition was in the name of Charles White 
and Isaac Branham, as Trustees for Charles White, 
James F. Reed, Isaac Branham, Josiah Belden, 
Henry Clarkson, II. C. Melone, Joseph Aram, 
James M. Jones and Jacob D. IIoppo, all of whom 
composed the Land Company. 

The claim of the Land Company was rejected. 
The Land Commission held that under the ''law of 
Congress of March 3d, 1851, such a claim, if 
valid, must be confirmed to the city authorities, 



336 iiisToiiY OF SAN josil: 

and tliat such a confirmation would enure to the 
benefit of all those persons lioldini; under the city. 

The Mayor and Ooninion Council of the city of 
San Jose, also filed a iielition belbre the Land 
Commission, pra3^ing for a conlirnialion of the 
Pueblo lands to them, as a body corporate, in 
trust for the citizens of San Jose. 

The Board of Commissioners conHrmed to the 
cit}^, on tlie Jiftli of ]"'ebruary, 18o('), not Avhal they 
prayed for, but four square leagues of land, 
bounded on the north and south by two parallel 
lines, each two leagues in length, and running duo 
east and west; and on the cast and west by two 
parallel lines, each two leagues in length, and run- 
ning due north and soutli; said boundary line being 
so drawn that their respective centi-es should be in 
a direction due north, south, east^ and west, from 
the centre of the Plaza of the city of San Jose, and 
each the distance of one league I'roni the same; ex- 
cepting such portion of said area as is situated on 
the side of the river Guadalupe, opposite to the 
said city, and making said river the boundary line 
on that side of said area, instead of the line above 
mentioned. 

The city appealed from this decision, to the 
United States District Court,* upon the ground that 
the area of land confirmed should have been to 
the esrtent prayed for in the [petition. 

The Land Company took an aj^peal to the U. S. 
District Court, from the judgment rendered in 



AND SURROUNDINGS. 337 

their case by tlio Ijuiid (JommisBionerB. rinully, 
by consent, this case was cli-smi.ssed; and the tes- 
timony taken in the case of the Land Company, 
was used in favor of the city, in the case of the 
Mayor and Common Council vs. United States, in 
the U. S: District Court. In the latter case, Salvio 
Pacheco testified, that William Gulnac, "William 
Castro, and himself, were appointed commissioners 
to lay off the boundaries of the Pueblo ; that they 
executed the commission, and rcpr^rted to the gov- 
ernment, in relation thereto; tliat he had heard his 
father and grand-father say 'that the boundaries of 
the settlement of the Pueblo, were from the white 
bluff near the Mission of San Jos6 to the crossing 

of the road of Santa Cruz at a point called de 

los Gates; that he (Jid not learn from them any 
otiier boundaries; but afterwards, he understood 
thai , at the instance of the priests of Santa Clara, 
the river Guadalupe was established as a ])()\xud- 
ary; that they as a commission, in accordance with 
that understanding, declared the river as a bound_ 
ary line. Upon furtlier interrogation, he remaiked 
that he had heard his father say that Las Llagas 
was a boundary of the Pueljlo; that when ihey as 
commissioners established tlie boundaiies, they 
found landmarks, at the source of the river Guad- 
alupe, and at the Puerta de los Capilancillos. At 
this place, he says they found heaps of stone. placed 
as landmarks by their forefathers; but the other 
boundaries they ascertained by common report; 

22 



338 HISTORY OF SAN JOSS 

which were the embarcadero (lanclmg) of Santa 
Clara on the northerly side, and on the southerh', 
the arroyo of San Francisco de las Llagas. Continu- 
ing his testimony in relation to the occupancy of the 
Pueblo lands, he states, that the inhabitants of San 
Jose had owned the land within those boundaries 
ever since he could recollect; that the inhabitants 
occupied the land with thousands of cattle and 
horses; made use of the timber for building and 
for fuel, and cultivated portions of it; they occu- 
pied it in common, and once a week or about every 
ten days, they were ordered by the magistrate to 
collect the stock ; each one of the owners selecting 
his respective animals. He further states that 
the inhabitants from year to year, as they desired, 
by leave of the magistrate, enclosed small portions 
of the land for cultivation ; that one piece would be 
cultivated by one man for one year, then be aban- 
doned for another tract; that he did not know of 
any instance where an individual had purchased 
any of the land; but they rented from the magis- 
trate; and that, after a' long occupation, some had 
applied to the Governor and obtained grants there- 
for. 

Some other testimony was adduced to the like 
effect, whereupon the District Court, on the sixth 
of August, 1857, reversed that part of the decision 
of the Land Commissioners pertaining to the 
boundaries, and confirmed to the city the Pueblo 
lands as prayed for, and which are described iii 



AND SURUOUNDINGS. 339 

the said decree as follows: "That the boundaries 
of said claim, being the same with those of the 
former Pueblo of San Jose, ascertained and sur- 
i/eyod as follows : Beginning at a point in the 
woods, at a live-oak tree on the dividing line be- 
tween said Pueblo and what were formerly known 
as the lands of the Mission of San Jose, an.d if 
said tree is gone, where the same was in March, 
1838; running thence a southeast course, which 
passes through the mountains that are called 
Las Buellas, Pala, San Filipe, Las Animas, and 
Agua de las Llagas, to a monument of stone erected 
in March, 1838; and having reference to all the 
landmarks on this line, and to the monument of 
stone in the middle of tlie Pala. This hne is in 
lengih eleven and a half leagues, and its southern 
termination the southeastern corner of the ancient 
limits of the said Pueblo, and of the land hereby 
confirmed to the claimants. Then commencing 
again at the point first mentioned, being the said 
live-oak tree, or its former situation, and running 
a line from the northeast-by-east to southwest-by- 
west to the embarcadero of the Guadalupe, to 
the last live-oak which is seen on the bank of the 
river 'Gruadalupe. or where the same was in March, 
1838, being two leagues and eight hundred varas 
for the length of this line, and the same passing 
near the house formerly occupied by Jose Higu- 
erra, and distant from it four hundred and ten 
varas, the house being on the northerly side of 



340 HISTORY OP SAN JOSfi 

this line; thence up the river Guadalupe, to its 
source; and thence running with a line corre- 
sponding with the course of said river, as near as 
may be, and which is nearly from southeast toi 
northwest, and having reference to monuments of 
stone formerly placed on this line, the last of which 
and the termination of this line was placed on the 
apex of a little hill which is at the foot of the 
mountains called 'Parage de Capitancillos,' includ- 
ing part of the oak grove now or formerly at this 
place, and including all the willow grove now or 
formerly at the source of the said river; thence 
from said point at the foot of said mountain, De los 
Capitancillos to the creek called Llagas, at or near 
its source, and at such point as will make the 
distance from where said line strikes said creek 
to the soutl^astern point before ascertained, the 
same length as the distance from the standing- 
point in the survey to the embarcadero, that is, 
two leagues and eight hundred varas; thence from 
said point last ascertained, to the southeastern 
corner of the said tract before ascertained. In 
making the survey ascertaining the preceding lines, 
reference will be had to the survey and map of 
the boundaries of said Pueblo made by the Com- 
missioners Castro; Gulnac, and Salvio Pacheco, in 
March, 1838 ; and to the survey of Joseph Argu- 
ello, under date of the twenty-fourth of July, 
1801, signed also by the Friar Martin de Landoe- 
toe and Jose Asuna; and to the documents and 



AND SURROUNDINGS. 341 

depositions in the «anse, as to the ancient bounda- 
ries of said Pueblo of San Jose." 

On the second of December following, this de- 
cree was vacated by an order of Court, on motion 
•of U. S. District- Attorney, and on the twenty- 
sixth of November, 1859, the said order of Decem- 
ber second was set aside, and the decree of 
August 6th, 1857, ratified, and to have the same 
effect as if the same had not been vacated. 

From this decree of confirmation by the District 
Court, the United States appealed to the U. S. 
Supreme Court. At the December term of 1863, 
of this court, the counsel for the city of San Jose, 
moved that the said appeal be dismissed; where- 
upon, by order of the Court, .the following order 
was entered: " And it appearing that the said ap- 
pellants have failed to have their cause filed 'and 
docketed, in conformity with the rules of this 
Court, it is now hereby ordered, adjudged, and de- 
creed by this Court, that this appeal from the 
District Court of the United States for the North- 
ern District of California, be, and the same is, 
hereby dismissed, and that this cause be, and the 
same is, hereby remanded to the said District 
Court." This order was certified as bearing date 
February 5th, 1864. This mandate of the Su- 
preme Court was filed in the District Court, 
November 11th, 1864. At the December term 
of the Supreme Court of the United States, 
the case was reinstated upon the docket. On a 



342 HISTORY OF SxiN JOSE 

written stipulation of the counsel for the respec- 
tive parties, and on motion of counsel for the 
appellant, the decree of dismissal was set aside, 
and a decree of confirmation rendered for the 
city of San Jose, with the ancient boundaries as* 
set forth in the decree rendered by the District 
Court, excepting therefrom the following grants: 
Las Milpitas, Rincon de los E.steros, Pala, Yerba 
Buena, Canada de Pala, San Felipe de las 
Animas, Laguna Seca, Santa Teresa, San Juan 
Bautista, Los Capitancillos, San Vicent, Las Uvas, 
Ojo Agua de la Coche, San Francisco (5e las 
Llagas; and also, such other parcels of land as 
have been by grants from lawful authority vested 
in private proprietorship, and have been finally 
confirmed to parties claiming under said grants, by 
the "tribunals of the United States, or shall here- 
after be finally confirmed to parties claiming there 
under, by said tribunals, in proceedings now pend- 
ing therein for that purpose ; all of which said ex- 
cepted parcels of land are included in whole, or in 
part, within the boundaries above mentioned, but 
are excluded from the confirmation to the Mayor 
and Common Council of the city of San Jose. 
This confirmation is in trust for the benefit of the 
holders.under grants from the Pueblo, town or city 
of San Jose, or other competent authority; and 
to any residue in trust, for the use and benefit of 
the inhabitants of the city. This decree bears 
date April od^ 18GG. The mandate of the U. S. 



AND SURROUNDINGS. 343 

Supreme Court, embracing this decree, was filed in 
the U. S. District Court, San Francisco, on the 
thirteenth day of June, 1866. 

We have, thus far, seen a final confirmation to 
the city for the Pueblo claim, eleven and a half 
leagues long, by two leagues and eight hundred 
varas wide. The reader will naturally ask under 
what law did the Court confirm to that extent, 
when the law of Spain cited in this work, as be- 
ing now in force, declares that four square leagues 
shall be the extent of a Pueblo ? 

We have already read the decision of the Board 
of Land* Commissioners, composed of able judges, 
who gave it as their deliberate opinion, that the 
Pueblo limits should not extend beyond four 
square leagues. The District Court, upon the evi- 
dence of witnesses, who testified that they heard 
their fathers and forefatj^ers say that the limits of 
the Pueblo were, according to the survey made in 
March, 1838, decided that the city was entitled 
to the land embraced within* that survey. With 
all due respect to the opinion of the learned Judge 
who decided the case, I think it would be as dif- 
ficult to find any law m support thereof, as to find 
the philosopher's stone. The reader may again 
ask, how did the Supreme Court of the -United 
States likewise confirm the title to the same ex- 
tent ? The answer is easily given. In the first 
place, the case went off the docket of that Court, 
by the inattention of the U. S. Attorney-General. 



344 HISTORY OF SAN JOSfi 

It was re-instated by the consent of counsel, and 
the decree below affirmed, with the exceptions 
therein specified. And thus the merits of the 
ca»e was neither argued by counsel, nor examined 
by the Court. It was, virtually, obtaining a judg- 
ment by default. 

But, be that as it may, I am of opinion that the 
result of the decision has been beneficial to this 
valley. If the Pueblo had not obtained the land 
beyond the four square leagues, the government 
would have been the owner of the vacant portions 
thereof. And I apprehend that the majority of the 
people within the county, are not much dissatisfied 
with the decision of the Court, be it law or not". 

As I have now fully recounted the history of the 
Pueblo title, I shall proceed to trace the claim 
thereto of the Land Company, known as the 
"Forty Thieves." 

The city authorities of San Jose, sold the house 
occupied by the legislature, to the count}^ for 
thirty-eight thoiisaAd dollars, payable in three 
months, with interest at the rate of four and 
one half per cent, per month ; and directed the 
proceeds of this sale to be applied toward the 
payment of the debt due to the trustess, Aram, 
Belden and Reed; the city did not so appropriate 
said funds, but used them for other purposes. 
These trustees in consequence thereof, sued the 
city to foreclose the mortgage made by the.Ayun- 
tamiento, ifl December, 1850, and obtained a de- 



AND SURROUNDINGS. 345 

cree, under which the Pueblo lands were sold by 
the sheriff, and bid in by Branham and White as 
trustees of the plaintiffs therein. They bid about 
two thousand dollars above tke amount of tlie 
judgment, which overplus went into the city 
treasury. These parties plaintiff had made them- 
selves liable for the benefit of the Pueblo, in order 
to comply with the promise the citizens had made 
to the State Convention ; namely, to have prepared 
a proper house for the sitting of the first legisla- 
ture. The house could not have been obtained 
on the credit of the Pueblo. These citizens then 
came forward and purchased it, the value of 
which subsequently went into the city treas- 
ury. They desired to make themselves secure. 
They formed themselves into a joint-stock com- 
pany, the stock of which was divided first into ten 
shares: White and Reed having each two shares. 
Subsequently, the stock was divided into eleven 
shares; one of which, H. C. Melone purchased. 

The Pueblo lands so purclftised at the sheriff's 
sale, became the stock of this joint-stock associa- 
tion. As some difference of opinion arose between 
the city authorities and this company, the City 
Council by ordinance, authorized the Mayor to make 
some settlement with them. Under that ordinance 
a contract was entered into between the city and 
the company. It was agreed, among other things 
in the contract, that the trustees of the company 
and the Mayor, should conjointly sell the Pueblo 



346 HISTORY OF SAN Jos:fi 

lands, in such a manner as to reimburse the com- 
pany for the amount paid by them at the sale; 
that is, the amount of judgment and overplus 
paid, and all costs .• This contract was duly ratified 
by the Common Council of the city, and the Mayor 
was directed to carry the same into effect. Subse- 
quently, the city refused to acknowledge the con- 
tract as binding on her part; and thereafter con- 
veyed her right and title to the Commission of the 
Funded Debt of the city. The Land Company per- 
ceiving that the city was determined to adhere to 
the position assumed by the Mayor and Common 
Council, brought a suit against the city to quiet 
the title to the Pueblo lands. The Supreme Court 
decided that the plaintiff had no right to the land, 
for various reasons set out in the opinion of the 
Court. [See Appendix, No. 4.] 

The Court held that the Ayuntamiento (Com- 
mon Council,) of the -Pueblo, had no power to 
execute a mortgage; that a subsequent ratifi- 
cation by the Mayo# and Common Council of the 
city of San Jose was invalid ; and that the whole 
proceedings under the decree of foreclosure were 
null. 

The Legislature of the State passed an Act on 
the seventeenth of March, 1866, re-incorporating 
the city of San Jose. A part of section seventy- 
three of said Act reads as follows: "All lots 
known as school lots, and all lots of lands, either 
within or without the corporate limits of the city 



AND SURROUNDINGS. 347 

of San Jose, dedicated and belonging to said city, 
not heretofore disposed of by ordinance, or sold, 
and by deed transferred to individual purchasers, 
either by the Common Council, -or by those acting 
as Commissioners of the funded debt of said city, 
(and which sales and transfers are hereby de- 
clared valid,) are hereby fully vested in the Mayor 
and Common Council of said city, in trust for the 
use and benefit of the public schools of the cit}^ of 
San Jose." 

As the case of Branham and others, against the 
Mayor and Common Council of the city above 
mentioned stood, after the final decision thereof, 
the Land Company had no claim to the Pueblo 
lands; but since the re-incorporation of the city, 
they claim that, according .to the strict legal con- 
struction of section seventy-three of that Act, 
they are entitled to all the lands not sold by the 
Common Council, or by the Commissioners of the 
funded debt, prior to the passage of that Act. 
They aver that the city is entitled to all lands not 
theretofore disposed of hy ordinance, or sold by the 
Council or Commissioners aforesaid; and that, 
therefore, inasmuch as the contract made between 
the Land Company and the Mayor, June 12th, 
1851, was subsequently ratified hy ordinance; that 
the interest thus disposed of hy ordinance to the 
Land Company, is excepted, from the lands given 
the city, by the said Act of re-incorporation. 



348 HISTORY OF SAN JOSE 

Upon the strength of this proposition, the Land 
Company conveyed their interest in the Pueblo 
lands to one Theodore Le Roy, for the purpose of 
making him a nominal plaintiff in a suit for the 
possession of the lands they now claim. 

The Land Company, through their counsel, the 
Hon. John B. Felton, of San Francisco, and the 
Hon. A. J. Moultrie, of San Jose, instituted an 
action of ejectment in the United States Circuit 
Court, in the name of Theodore Le Roy, plaintiff, 
against a large number of persons, one hundred 
and thirty or more, for the lands which they pos- 
sess. This suit is still pending. It is for outside 
lands, and is the only portion of the Pueblo lands 
of which the title is not settled, except some 
auerte claims, the area of which is small. There 
has been much complaint against the proceed- 
ings of the Land Company ; but when we remem- 
ber that this company paid for the building 
occupied by the first Legislature; that the city 
sold the same for thirtj'-eight thousand dollars, 
pocketed the mone}^; and that the company have 
never been reinibursed to the amount of one dol- 
lar by the city, it is not strange that they seek to 
obtain some redress at law. The cit;^ so far, only, 
was relieved by the technicalities of the law. 

To those who think there is no equity in their 
claim, I would say, " put yourself in their place." 

On the twenty-first of April, 1858, the Legis- 
lature passed an Act, to fund the unfunded debt 



AND SURROUNDINGS. 349 

of the city, and provided for the establishment of 
a Board of Commissioners to carry out that ob- 
ject. The real estate of the city was conveyed to 
that Commission, that they might dispose of the 
same as it became necessary. The Board, having 
completed their duties under the Act, the same 
was repealed, and the Board abolished, by an Act 
passed January 17th, 1866. By virtue of the lat- 
ter Act, the Board re-conveyed to the Mayor and 
Common Council of the city of San Jose, all right, 
title and interest in, and to, the Pueblo lands. 
Under this Act, the Mayor is now empowered to 
sell (subject to certain exceptions,) as directed by 
ordinance of the Common '-Couhcil. 

The United States Surveyor-General, for the 
State of California, has surveyed the exterior 
boundaries of the Pueblo. One or two objections 
were made to it by parties claiming to be affected 
thereby; but, thus far, the objections have caused 
no change in the survey, and probably will not. 
The survey so made, is give;i in the map of this 
work, which may be referred to at convenience. 
It will not be long before the United States Gov- 
ernment will issue a patent for the Pueblo lands 
to the city of San Jose, in trust for the inhabit- 
ants. 



350 HISTORY OF SAN JOSE 



CHAPTER XXIV. 

BIOG-R^FHIC^L SKETCHES. 

Hon. Peter H. Burnett.— Gen. H. M. Naglee.— Maj. S. J. Hensley.— 
Jacob D. Hoppe. — Charles White. — Joseph Aram. — Isaac Bran- 
ham. — James F. Eeed. — Thomas Fallon. — Adolph Pfister. — Peter 
•Quivey. — Hon. James M. Jones. — Hon. C. P. Hester. — Hon. W. T. 
Wallace. — Hon. A. L. Khodes. — Andrew J. Grayson. 

I HAVE already finished the history of San Jose, 
proper, as a town in itself;. and yet, the history of 
no town would meet public expectation did it not 
illustrate, in some degree, the characters of the 
men prominent in its early existence, and of those 
who may have subsequently thereto become so by 
eminent service and position. It is fit that good 
examples should be presented to public view, that 
they may shed lustre on the paths of the young, 
and aid them in surmounting ever}^ intervening 
obstacle on the march to the throne of honor and 
fame. 

These biographical portraits, and the portrayal 
of certain interesting surroundings, will conclude 
the historical part of this work. 

The Hon. Peter H. Burnett was born on the 
fifteenth day of November, 1807, at Xashville, 
Tennessee. In 1817, he removed to the State of 
Missouri, but returned to .Tennessee in 1826, 
where he remained five years. He there married, 



AND SURROUNDINGS. 351 

and again took up his abode in Missouri. He 
practiced law for a long time in the latter State, 
and held the office of District- Attorney, for about 
two and a hrrif years. 

His wife's health became feeble, and it was ap- 
parent that the rigor of the Missouri climate was 
not conducive to her restoration. He sought for 
milder air. He was not long in determining 
where that was, from the information he had 
already obtained from the distant Pacific. The 
great question was, how to reach here. There 
were no roads; no path that could have been 
sought which did not lead through lands claimed 
by the red men of the forest. It was no under- 
taking that could have been carried out by a 
single family. It required the united strength of 
many; of people of no small share of hardihood 
and energy, to attempt a journey of such magni- 
tude; one so long, so fatiguing, so hazardous. 
Judge Burnett lost no time, however, in endeav- 
oring to induce other families to unite with him 
in the great enterprise of seeking a balmy climate, 
in a country where he believed nature had been 
prodigal in lavishing upon earth vegetable wealth. 
There were many families quite as anxious as the 
Judge to reach this coast, provided a w^ay of 
safety could be pointed out. The Judge used 
great exertions in obtaining numerous flimilies to 
join him in this new. and hazardous enterprise. 
He was most successful. In 1843, a host, a gath- 



352 HISTORY OF SAN J0SJ5 

ering of six hundred human beings, under the 
captaincy of Judge Burnett, with their household 
implements packed into one hundred and ten 
wagons, took up their line of march»across path- 
less plains and rugged mountains, to make their 
homes in the then territory of Oregon. 

No man who was not full of life, of resolute 
will, of unbounded energy, would have assumed 
the leadership of such a multitude of men, women, 
and children, on a march fraught with so much 
doubt, so many difficulties, subject to so much 
disappointment. This gathered host had all con- 
fidence m their leader, for it was by their consent, 
he held the position of commander. After quite 
a long journey, it was found that the company was 
too large to travel conveniently together. They, 
therefore, divided, but kept near each other. 
They constructed the road from Fort Hall to the 
Dalles, in Oregon. They were highly favored with 
health by a benign Providence, and they all, save 
four, reached their destined home; three were 
drowned, and one died of fever. 

In 1848, President Polk appointed Mr. Burnett 
U. S. Supreme Judge of the Territory of Oregon. 
The commission was signed by the President on 
the fourteenth day of August. This appointment 
was declined. 

In the fall of this year, Judge Burnett came to 
California, reaching the Yuba river November 5th. 
He went to Sutter's Fort, now Sacramento City, 



AND SUKROUNDINGS. 353 

Oil the twenty-first of December. He became 
agent for John A. Sutter, Jr., sometime in the fol- 
lowing January. He was appointed by Governor 
Riley, in July 1849, one of the Judges of the 
Supreme Tribunal of the Territory of California; 
and elected by his two associate Judges, Chief 
Justice of that Court. At the first election held 
under the Constitution of this State, he was 
elected Coyernor by a large majority over his 
opponent. 

His family arrived in San Francisco from Ore- 
gon, in May, ^1849; but the severity of the sum- 
mer winds there was too great for the feeble health 
of his daughter Letitia, (now Mrs. C. T. Ryland) ; 
and, in consequence thereof, he removed his family 
to San Jose, in the following month of September, 
where they remained until the winter of 1850, 
when they moved to Alviso, a distance of eight 
miles. 

The Governor had accumulated considerable 
wealth, a large part of which was landed estate. 
His business kept pace with his wealth, and re- 
quired most of his attention. In fact, so much was 
he compelled to watch his own private affairs, he 
saw an absolute necessity of resigning the guber- 
natorial chair, notwithstanding his official salary 
was ten thousand dollars per annum. He sent in 
to the Legislature his resignation on the eighth 
day of January, 1851, which was accepted by that 
body on the eleventh. After having more satis- 

23 



354 HISTORY OF SAN JOSE 

factorily settled his own business affairs, he re- 
sumed the practice of law in San Jose, in 1851, 
with his two sons-in-law — the firm being Burnett, 
Wallace & Ryland. He continued the practice 
for a few years, with great success, and then retired. 
His family returned to San Jose to reside in 1854. 

In January, 1857, Governor Johnson appointed 
him one of the Justices of the Supreme Court of 
this State, to fill the vacancy caused by the resigna- 
tion of Judge Heydenfelt; which position he held 
until the beginning of October, 1858. 

Judge Burnett came to California with a high 
reputation as a lawyer, and as a man of exceed- 
ingly great moral worth; a reputation which he 
preeminently sustained in this State. His official 
functions were performed in a manner most satis- 
factory to the bar and laity. His mild disposition 
and gentle manners are prepossessing. Although 
strong in his convictions, his respect for the 
opinions of those who are at variance with him, 
has won for him the esteem of mankind. 

In 1860, Judge Burnett published a work in 
support of the Roman Catholic faith, assigning 
therein the reasons of his own conversion. 

He never was an idle man, nor could he be one 
willingly. In 1863, he removed to San Francisco, 
and was active in establishing the Pacific Bank, of 
which he is President. His valuable services in 
the financial department of life have been profit- 
able for himself and the bank. 



AND SURROUNDINGS. 355 

Gen. Henry M. Naglee is a native of the State 
of Pennsylvania. He entered the United States 
Military Academy, on the first of July, 1830, as a 
as a cadet; and there remained until July 1st, 
1835, when he graduated. He was ranked among 
the first in the graduating class of that year. He 
was promoted in the army on the day of his grad- 
uation to the rank of Brevet Second Lieut., Fifth 
Infantry. A leave of absence was immediately 
granted him for a short period, at the expiration 
of which he reported himself for duty, and was 
ordered on a recruiting service, in which he con- 
tinued until the thirty-first of the following De- 
cember. From that time until 1846, he turned 
his attention to civil engineering. When war was 
declared by the United States against Mexico, he 
considered that, as he had been educated in the 
school of the Government, he owed his services 
to his country; and particularly at a time when 
the regular army was insufficient to cope wilh the 
enemy on his own soil; and when the whole num- 
ber of men, trained in the art of warfare, were 
needed to officer the new regiments about to be 
raised to battle for the nation's right in the coming 
conflict. 

On the fifteenth of August, 1846, he was com- 
missioned a Captain in the First New York Yolun- 
teers. This regiment sailed for the Pacific coast 
in the latter part of^the following month. 



356 HISTORY OF SAN JOSfi 

He was in several skirmishes with the Indians; 
and was at the battle of Todas Santas, Lower 
California, March 30th, 1848. 

On the twenty-sixth of October, of the latter 
year, his regiment was disbanded. From 1849 
until 1861, he followed the banking business in 
San Francisco. On the breaking out of the civil 
. war in our country, he felt as he did at the com- 
mencement of the Mexican conflict — that all men 
who had been educated at the military school of 
^le nation, could do no less than offer that nation 
their services in the hour of danger. Had he been 
governed by personal comforts which wealth could 
bestow, he would have remained inactive, and 
nestled in the lap of luxury. His unbounded 
wealth would have made any office which the 
Government could bestow uninviting, in a pecu- 
niary point of view. As a dut}^, he offered his 
services, and was appointed in the United States 
army, wi^"h the rank of Lieut.-Col. of the Sixteenth 
Infantry, May 14tli, 1861. 

On the tenth of the following Januar}^, and 
before he joined his regiment, he resigned; and 
was re-appointed in the Yolunteer service, with 
the rank of Brig. -General, on the fourth of Feb- 
ruary, 1862. 

He served in the defense of Washington, D. C, 
February and March; in the Virginia Peninsula 
Campaign, (army of the Potoipac,) from March to 
August. He was engaged in the siege of York- 



AND SURROUNDINGS. 357 

town from April 5th to May 4th ; and at the battle 
of Williamsburg, May 5th. He served in recon- 
noissance and skirmishes from Bottom's Bridge to 
Fair Oaks, from May 20th to 28th: and at the 
battle of Fair Oaks, May 31st, 1862. He behaved 
most gallantly in this battle, where he held, un- 
aided, the enemy in check for some hours. At 
this battle he was wounded. 

To illustrate the noble actions of Gen. Naglee at 
this battle, perhaps I cannot do better than to re- 
count the words of another gallant officer, AV. W. 
H. Davis, Colonel of the 104th Pennsylvania Regi- 
ment, who in speaking of Naglee, says : 

" N^aglee was everywhere. He is a sort of thun- 
der-bolt in battle. He was away on the extreme 
right of our lines, when the volley of the 104th 
announced that the battle had begun on the left. 
He came dashing toward us, through field and 
wood, to be with his brigade. In the warmest of 
the contest, he came dashing by the regiment, cap 
in hand, the men giving him three hearty cheers, 
and passed toward the left. He was now seen 
directing a battery, now rallying a regiment, and 
until the battle ended, he was in the midst of it, 
wherever he could be of service. He retained, in 
a large degree, the confidence of the men who 
served under him." 

Gen. Naglee was also present at the operations 
before Richmond, from June 26th to July 2d. He 
obtained a leave of absence from the followino: 



358 HISTORY OF SAN JOSfi 

July 5th, until Sept. 28th. He then returned to 
the defense of Yorktown, Va., where he remained 
until October. In January, 1863, he was in com- 
mand of a division in the Department of North 
Carolina, and in February and March in that of 
the South, at St, Helena Island, S. C. 

From March till the latter part of June, he was 
in command of Beaufort District, N. C, during 
which time he was engaged in the relief of Wash- 
ington, N. C, April 15th. He was also in com- 
mand of Harper's Ferry, Va., July, 1863; of the 
Seventh Army Corps, from July 25th to August 
12th; and of the District of Virginia, from the 
latter date to September 23d. 

From November 6th, 1863, until April 4th, 
1864, he was in waiting orders at Cincinnati, for 
duty in the Department of Tennessee. 

On the latter day he left the service. It was * 
the opinion of many, that the p.oUtical status of 
every officer in the army, however qualified and 
gallant, was taken into consideration at Washing- 
ton, whenever promotions were made the order of 
business. It has been currently reported tliat 
political opinion denied to Gen. Naglee the r^nk 
his gallant services and qualifications demanded. 

Since the close of this ravaging conflict, he has 
remained on his lordly estate in this city, paying 
his attention to horticulture; more particularly 
to the culture of the grape, and the manufacture 
of choice wines and brandies. This business is 



AND SURROUNDINGS. 359 

watched and studied by him, more as a matter of 
pleasure and of information, as to the adaptability 
of the soil and climate here to the productions of 
those beverages, than as profit. 

Major Samuel J. Hensley was born at Lexing- 
ton, Kentucky. Early in his childhood, his parents 
removed to Piatt county, Missouri. He crossed 
the plains in the year 1843, and soon after his ar- 
rival in California, entered the service of Captain 
John A. Sutter, at New Helvetia (now Sacra- 
mento). He was among the most active men here 
in 1846, in doing duty for our country, at a time 
when the numerical strength of American forces 
was such that it required every man to unflinch- 
ingly do his duty. He joined the California Bat- 
talion under Fremont, and was at first a Captain, 
and performed duty on detached service in the 
southern part of the then Territory. He was 
afterward commissioned a Major. 

Soon after the difficulty between Gen. Keariiy 
and Commodore Stockton,. as to the Governorship 
of California, he resigned his commission as Major 
of the California Battalion, and accompanied the 
latter back across the plains, to the Eastern States. 
He returned to this coast in 1848, formed a co- 
partnership with B. B. Redding and others, under 
the style of Redding, Hensley & Co., in the general 
merchandise business, at Sutter's Fort. The firm 
was exceedingly successful. They continued 
business until about the year 1850. Within a 



3 60 HISTORY OF SAN JOSfi 

few months subsequent thereto, Major Hensley 
became a partner with Blair, Whitney and others, 
for the purpose of carrying on the business of 
navigation on the Sacramento river. They con- 
structed the steamboat Kate Kearny first, and 
soon thereafter, the Helen Hensley; the latter 
named in honor of Mrs. Hensley. This copartner- 
ship existed until 1854, when the California Steam 
Navigation Company was formed, into which the 
property of the former company became merged. 

Major Hensley was the second President of this 
company, the success of which was much the 
result of his foresight, activity and judgment. Suc- 
cess seemed to follow him in financial matters, and 
he became rapidly wealthy. His strict attention 
to business wore fast on his feeble constitution. 
He occasionally engaged in field sports, but not 
sufficientl}^ to preserve his health. His remark- 
ably accurate judgment seemed to be at all times 
in demand, in behalf of the interest of the com- 
pany; and he was scarcely permitted to leave the 
limits of San Francisco during his presidency, 
without being summoned to exercise that judg- 
ment in some matter deemed important. 

For some years it appeared that his business 
absolutely required all his attention in the great 
emporium of the State, so that little time was left 
him to be with his family. A year or two prior 
to his death, he had arranged his affairs in such a 
manner as to relieve him of much of his former 



AND SURROUNDINGS. 361 

duties, and to permit him to enjoy the greater 
share of his time at his pleasant home, with his 
affectionate wife and children. 

His unceasing toil in the construction of his 
colossal fortune, correspondingly pulled down the 
fabric of his health. His -cessation from labor 
was too late. Partaking of so much spirit. — so 
much energy — he seemingly forgot his individual 
self. And that forgetfulness of self-preservation 
at last proved fatal. As the year of 1865 advanced, 
the sun of his life descended. On Sunday morn- 
ing, the seventh of January, 1866, the great 
Destroyer gathered up his victim. He died at 
the age of forty-nine. He possessed a simplicity 
of character and of manner, yet a natural dignity 
which won respect. His perception was excellent, 
and he showed a knowledge of fitness and pro- 
priety, which is the real essence of refinement. 
Generosity might have been considered his weak- 
ness; few men derived more pleasure than he 
from kindness to others. Nobody came to him in 
distress that did not obtain relief, if money was 
the object of their request". He was ever ready 
to come forward and assist in matters of public 
enterprise, and usually took such a part as showed 
that his opinion, as well as his means, was an 
important aid. 

His death created a vacancy not easy to be sup- 
plied, and cast a sombre pall over a wide commu- 
nity, which deeply mourned his loss. As evidence 



362 HISTORY OF SAN JOSE 

of the high estimation in which he was held in 
this city of his home, I may cite the fact that the 
City Council held a special meeting on the tenth 
of January, and passed a series of _ resolutions 
expressive of his distinguished character, and of 
the deep gloom which his death had occasioned. 
Among those resolutions, was one requesting the 
Hon. Judge of the District Court, for the county, 
to cause to be spread upon the record of that 
tribunal the resolutions thus adopted. His Honor 
cheerfully consented, and after .making some 
touching remarks as to the character of the de- 
ceased, ordered the Clerk to record the resolutions; 
and in further respect to the memory of the 
departed, adjourned the Court until the follow- 
ing day. Such a mark of respect was, indeed, 
illustrative of the high standard which the 
character of the deceased had obtained; for prob- 
ably it was without precedent that one, not a 
member of the legal profession, should thus be 
placed upon judicial record. As we look back 
upon his life and career, we see it bristling all 
over with charity and noble deeds. How much 
we, who knew him, well see therein to admire 
and respect; and how willingly we bear him in 
■our hearts, and lisp his name with a manly jjraise. 
At his departure, he left a most accomplished 
and affectionate wife, a loving son and daughter, 
who, while they bow to the decree of Providence, 



AND SURROUNDINGS. 363 

deeply mourn his premature loss, and cherish his 
fame. 

Jacob D. Hoppe was born in the State of Mary- 
land, about the year 1813. He went to Paducah, 
Kentucky, not long after he became of the age of 
majority, where he remained about two years, and 
was married. He then removed to Lexington, 
Missouri, where he resided till 1846, when he 
came to California. He was a painter by trade. 
Within a few months after his arrival here, he 
commenced business in San Francisco. He held 
some position of public trust, and was interested 
in the establishment of a weekly newspaper in that 
place. This was in the year 1847. At the com- 
mencement of the publication of the " Alta Cali- 
fornia," the proprietors thereof procured the 
printing materials which Mr. Hoppe had. Soon 
thereafter he came to San Jose, to remain per- 
manently. After the discovery of gold, he went 
to the mines, where he remained a few months 
with some profit, and returned to San Jose, where 
he continued to reside until his untimely and 
unfortunate death. He was elected a delegate to 
the convention which formed the State constitu- 
tion, where he performed well his part, and 
worked manfully in the interest of San Jose. 

A more enterprising and public-spirited man 
never lived on this coast. It was admitted by the 
community at large that his death was a public 
calamity. He was, indeed, a general favorite; at 



364 HISTORY OF SAN JOSfi 

all times affable in his manner, polite to all, and 
generous in the extreme. No man tried harder to 
build up San Jose than he. No man, according 
to his 'means, subscribed more generously than he 
for public improvements. 

He carried on an extensive mercantile trade, and 
also speculated in lands. Success attended him 
for a period, and he became wealthy. That for- 
tune did not fail to array itself in wings, nor to 
try the exercise of its new powers of flight. He 
was left without its alluring charms ; though not 
by mismanagement of his own business operations, 
but by an unlimited generosity, by a continual 
desire to favor some one in need. He became, 
surety for various large amounts, which he was 
compelled to pay. On one occasion he was forced 
to pay eigliteen thousand dollars for what he had 
never received one dollar's benefit, and at a time, 
too, when he needed every dollar he possessed to 
meet his own engagements, as his business was 
extensive. The high rates of interest soon ate up, 
in those days, a man's capital, if allowed to run 
many months. The interest of months counted 
as rapidly as that of years in the Eastern States. 
He built a large adobe building on the northeast 
corner of Market and Santa Clara streets, which 
cost twenty thousand dollars. During the erec- 
tion of that structure he was called upon to pay 
heavy securities, while at the same time he had 
purchased a hundred thousand dollars worth of 



AND SUEROUNDINGS. 365 

goods ill the Eastern market. The pressure was 
too great, and he suspended payment not long 
thereafter. 

He was one of the unfortunate passengers who 
sailed on the steamboat Jenny Lind^ from Alviso for 
San Francisco, on the eleventh day of April, 1853, 
when the boiler exploded killing many, fatally scald- 
ing others, and some only slightly. He lingered 
with great pain until the seventeenth of that month, 
when he expired at five o'clock p. m., at the house 
of the Rev. B. Brierly, in San Francisco. 

The funeral services over his remains took place 
on Tuesday, the nineteenth, at two o'clock p. m., 
under the auspices of the Masonic Society, at the 
Rev. Mr. Winn's (South Methodist) Church, in this 
city. The weather was quite inclement and the 
roads were muddy, which prevented many ladies 
from attending; yet the house was full. 

There sat Protestant, Catholic, Catholia priests 
and Jews; there, too, sat the children of the Com- 
mon School, to take the last lingering view and 
to hear the last sad rites performed over the last 
of all that was once mortal of one, who had done 
so much for the community at large ; one who had 
been most instrumental in establishing the first 
Common School in this city; the first in all moral 
and proper advancement of San Jose. Death 
summoned him in the prime of life, in the vigor 
of usefulness, and from a people who could ill 
spare him ; from, a people who long wore the face 



366 HISTORY OF SAN JOSfi 

of sorrow and bereavement at bis uniimely de- 
parture. 

Charles White came in tbe year 1846 to Cali- 
fornia, from tbe State of Missouri. From tbe 
time of bis arrival till bis deatb be made San Jose 
bis place of residence. He was a man of remark- 
able sagacity and business tact, of great energy 
and a great deal of public spirit, and was one of 
tbe leading and most active men of tbis town. 
He beld tbe office of Alcalde in tbe year 1848. 
He was one of tbe prime movers in tbe active 
part taken by tbe citizens bere, in 1849, to secure 
tbe location of tbe Capital at tbis place. 

He bad witnessed men in tbe Western States 
possessed of immense fortunes derived from trans- 
actions in real estate. Tbe observations did not 
pass unbeeded. He was empbatically impressed 
witb tbe future greatness of tbis part of our coun- 
try. He dealt largely in landed interests, wbicb 
by enbancement in value, secured a large fortune 
for bis family. He was also one of tbe unfortu- 
nate victims wbo fell a prey to tbe devouring ele- 
ment, hot steam, wbicb came fortb in all its fury 
from tbe bursting boiler on tbe steamer Jenny Lind^ 
on tbe eleventb of April, 1853. .He expired on 
tbe following day, leaving an interesting family of 
wife, son and daughter, to lament the loss of an 
ever watchful, loving husband and parent. 

Captain Joseph Aram was born in Whitestown, 
Oneida County, New York, on the twenty-fourth 



AND SUEROUNDINGS. 367 

day of March, 1810. In 1835 he took up his res- 
idence in the State of Ohio, and in 1840 removed 
to Illinois, where he remained until the spring of 
1846, when he started for California, where he 
arrived in the fall of that year. Soon thereafter 
he met Colonel Fremont, who seemed to have im- 
plicit confidence in Aram, whom he commissioned 
a Captain in the California Battalion on the twenty - 
first of November. All the Americans were needed 
in those days, when the conflict was going on be- 
tween the United States and Mexico. Several 
families arrived in company with Aram. Under 
the advice of Fremont, Aram proceeded with his 
family, and others, to the Mission of Santa Clara, 
where there were more vacant houses than at 
San Jose. Captain Aram made the Mission 
his headquarters. He had raised a company 
of some thirty men, or more. He marched 
his men out of their quarters on the second of the 
following January, to assist the American force 
then engaging the enemy a little northwest of 
Santa Clara. As the conflict commenced several 
miles distant, it was nearly brought to a close 
before Aram's force reached the ground of action. 
He was elected in 1849, a delegate to represent 
the district of San Jose, in the Convention, held 
that year at Monterey, to form the State Constitu- 
tion. He. was also honored by being again elected 
by the people here, to represent them in the first 
Legislature. He has always borne a high character 



368 HISTORY OF SAN JOSE 

for honesty and industry, and commands the re- 
spect of the whole community. 

Isaac Branham was born in Scott county, Ken- 
tucky, in the year 1803. At the age of twenty- 
one, he removed to Calway county, Missouri. He 
there resided until the early part of 1846, when 
he sought a home on the Pacific coast. The ill- 
health of his family was one of the main springs 
that prompted his removal to this country. He 
has been engaged, the principal part of his life, in 
agricultural pursuits. He made this valley his 
residence immediately after his arrival to this 
coast. He was a member of the committee of 
1846, who had unlimited power to act for the best 
good of the Pueblo. He was afterward a member 
of the Ayuntamiento (Town Council.) He was 
among the prominent men who figured most con- 
spicuously in securing this town as the location of 
the Capital of the State; and to aid it, he loaned 
his credit. 

His residence for quite a period was in a two- 
story house situated on the southwest corner of 
Market Square ; but many years ago, he removed 
to his farm on the Navaez rancli, where he has 
ever since made his home. 

Mr. Branham has always been recognized as one 
of the sterling honest men of the country. No 
man ever doubted his word. His manner has 
always been attractive, from his open, frank 
familiar, and unpresuming address. He is social 



AND SURROUNDINGS. 369 

in a liio;h deofree, and welcomes visitors to his 
house in such an honest, heart-spoken, manner 
that it makes one feel that the pleasure of meet- 
ing is mutuah 

He possesses one of the characteristics of the 
House of Bourbon — a great love for the chase. 
He, whose heart has been mellowed by the music 
of the yelping pack, may renew that pleasure by 
a hunt with " Uncle Isaac/' as he is familiarly 
known. He often declares that he is unable to 
count all his nephews. 

By his good management, his economy, and 
uprightness, he has secured for himself and family 
a fortune, and an unsullied name. 

James F. Reed was born in Ireland on the four- 
teenth day of November, 1800, and came to 
the United States with his widowed mother when 
a very small child. After he arrived at a sufficient, 
ase to be of some service to himself, his mother 
sent him to the State of Virginia, to live with a 
relative of hers, when he was placed as a clerk in 
the store of that relative, and there remained until 
about the age of twenty-five. He then removed to 
the lead mine district of Illinois, where he engaged 
in the business of mining until the year 1831, 
when he changed his abode to Springfield, in the 
same State. He served in the Black Hawk war, 
and, after its termination, returned to Springfield. 
Abraham Lincoln, late President of the United 
States, and Mr. Reed, were privates in the same 

24 



370 HISTORY OF SAN JOS^ 

company in that war. That company was cnm- 
manded by Jacob M. Early, uncle of Gen. Early ; 
who served under Gen. Lee, in the late rebellion. 
The coincidences, at this time are noteworthy. 
He then engaged in the mercantile business, made 
money, and purchased a farm. He married there 
in the 3^ear 1834, to an accomplished daughter of 
Humphrey Keyes. She was born in Union, Mon- 
roe county, Virginia. He subsequently engaged 
in the railroad business, receiving about the sec- 
ond contract given out in that State, and subse- 
quently numerous others, which would have 
yielded him large profits, and made him a wealthy 
man, had not the State repudiated the paj'ment of 
railroad contracts; that is, she passed laws, com- 
pelling contractors to compromise on her own 
terms, whereby Mr. Reed became a loser of many 
thousand dollars. 

In April, 1846, he, with his family and others, 
started for California, arriving, some of them, in the 
fall of that year. Others of them, as is well known, 
were carried to a frozen grave, for the want of 
food. Those who have read the terrible fate of 
the Donner party, the one with which Mr. Reed 
came, can picture in their minds its horrors. To 
record it here is not the province of this work. 
Mr. Reed arrived in California with but scanty 
means; what little he had to spare was invested 
in land. He was engaged in tlie service of his 
country in 1846-7, and commanded a company 



AND SURROUNDINGS. 371 

on the right of the artillery, in the battle at Santa 
Clara, January 2d, 1847. His name is erroneously 
given there as " Jno." instead of James F. After 
the discovery of gold, he was among the numerous 
ones who tried "their fortunes at gold hunting, at 
which he was successful. He returned to San 
Jose with considerable means, part of which he 
invested in land. He was one of the most active, 
if not the most active man of this place, in making 
San Jose the Capital of the State. He circulated 
documents throughout the State, and endeavored 
to impress upon the minds of the members elect to 
the State convention the importance and value of 
this place as the seat of government. From first 
to last, he spent of his own means not much less 
than twenty thousand dollars in behalf of San Jose, 
hoping to make it the Capital. He was a most 
gen'erousman, possessing much public spirit ; social 
and entertaining at his own house. He is strong 
in his convictions, warm in his friendships, bitter 
in his hate; but honorablf in apologising if satis- 
fied that he has been in the wrowg. In 1850, he 
had large ofiers made him for his real estate ; but, 
believing in the growth of this city, refused to part 
with it. He afterward became involved, but prior 
thereto had secured to his family an estate which, 
by its enhancement, has provided them bountifully 
with the comforts of life. He has been permitted 
to live nearly three quarters of a centur}^, in fair 
health, and to see the cit}^, for which he did so 



372 HISTORY OF SAN JOSfi 

much, rising in wealth and prosperity, and assuming 
that rank and position which he long ago prophe- 
sied. May he long live to witness its advancing 
growth. 

Thomas Fallon, now aged forty*six, was reared 
to the mercantile business in London, Upper 
Canada. He was most attentive to business,^, and 
to the welfare of Mr. Jennings, his employer. He 
became thereby the head clerk of the establish- 
ment, where half a dozen others were employed. 
He was somewhat adventurous in his character, 
and loved the excitement of the forest. Before 
the age of majority, he made up his mind to take 
his chances in the Far West; and, if not successful 
in a pecuniary point of view, he would at least 
spend a part of his life in a romantic, and to him, 
a most pleasing way. In 1843, he resolved to 
push on to the Pacific coast. Meeting a Tew 
pleasant companions, who were of a like disposi- 
tion, they all agreed to join each other in the 
march of the novel entefprise. In their journey, 
they met the exploring party under Fremont, who 
were winding their way to the same country that 
Fallon's party were destined to reach. In the 
party of Fremont were Kit Carson and Alex. 
Godey. The two parties traveled thereafter to- 
gether, for the sake of security. Fallon and his 
party in no way obligated themselves to be under 
Fremont, but as an independent company pro- 
ceeded together. They reached California in the 



AND SURROUNDINGS. 373 

s|)ringof 1844. In 1846, Fallon rendered valuable 
service to the United States forces, in the war 
against Mexico. He was the first man of our 
forces ^1^0 took San Jose, and the first to raise 
the flag of our country in this town, as has been 
observed in a former chapter. He afterward 
gave his services to the country under Fremont, 
in the l^wer part of the State, during the same 
conflict. 

By his strict attention to business, and prudent 
investment in real estate, he has made himself one 
of the wealthy men of the State. He once filled 
the office of Mayor of this city, discharging the 
duties thereof most faithfully, and has placed him- 
self, by his straightforwardness, in the ranks of 
the honorable men of this country. 

He removed to Texas in 1852, but returned to 
this city in 1854, where he has made it his home; 
having been absent many months since that period 
traveling in Europe. 

Adolph Pfister, the present Mayor of San Jose, 
was born in the city of Strasburg, in the year 
1821. He sprang from an ancient family of that 
ancient city. At the age of twenty-four, he left 
the shores of Euro]3e to carve out his fortune in 
a land which presented more abundant materials 
for the development of his talents, unaided by 
pecuniary assistance. 

He arrived in the United States just before the 
agitation caused by the belligerent attitude of 



374 HISTORY OF SAN JOSfi 

Mexico toward our government, upon the banks of 
the Rio Grande. When the affair assumed a war- 
like shape in earnest, he saw an opportunity of 
joining the volunteer forces of his adopted country, 
which would place him in a land of vast native 
wealth, according to the reports which had been 
circulated throughout the Eastern States. He, 
therefore, volunteered to come to California, in 
the" New York regiment under Col. Stevenson, in 
the fall of 1846. It was well understood in New 
York that this regiment was conning to California 
with a view of settling here, if the country was at 
all in accordance with the character theretofore 
given of it. 

Mr. Pfister has always borne the character of 
an industrious man, and of being honorable in his 
dealings. For many years he has been engaged 
in the mercantile business in this city, and his ap- 
plication thereto has resulted in the accumulation 
of a large fortune. He is noted for his good nature, 
his politeness of address, and strict notions of 
honor. He speaks several languages, an a«com- 
plishment which has been of infinite service to 
him in this country, where there is such a diver- 
sity of speech daily uttered. He was long a 
member of the City Council, where he rendered 
valuable aid by his financial ability, in relieving 
the city of her indebtedness. He was elected 
Mayor of the city by a flattering vote; and thus 
far has performed the functions of that office in a 



AND SURROUNDINGS. 375 

manner eminently satisfactory to the whole com- 
munity. 

Peter Quivey in 1825 left the State of New 
York, where he was born, and went to the State 
of Kentucky. He married in 1832 in the latter 
State, and about four years thereafter he removed 
to Indiana. In 1839 he again changed the place 
of his abode and resided in Missouri, until 1846, 
when he started with his family, and many others, 
to make a home on the coast of the Pacific. He 
reached this country the latter part of that ye-dY. 
He soon found his way into this valley, where he 
resided until his death. He had not the benefit 
of an education, but he possessed a strong mind, 
and in the general transactions of life he exhibited 
a good deal of sound judgment. He was endowed 
»,with a kind heart and generous nature. He was 
at all times inclined to assist the needy, and often 
loaned his name where losses were the consequence. 
Mr, Quivey was an industrious man. He followed 
the business of stock-raising and farming, and 
became at one period possessed of very consider- 
able means. The decline in the value of stock, 
consequent upon an overplus in the country, 
weakened him financially, almost to bankruptcy. 
He rallied, however, again from that position and 
secured quite a competency. He was strong in 
his likes and dislikes, but honest in the opinions 
he advocated. He had many warm friends and 
bore, in general, the character of an excellent citi- 



376 HISTORY OF SAN JOSfi 

zen. He departed this life at his home on the 
twenty-eighth day of January, 18G9, at the age of 
sixty-one, leaving an affectionate family to deplore 
his loss. 

James M. Jones was born in the State of Ken- 
tucky, about the year 1821. He lost his father 
when quite young; and his mother, a few years 
after the death of her husband, married Dr. Joseph 
L. Hornsby, of the same State. Soon thereafter, 
the family moved to Plaqueman, in Iberville parish, 
Louisiana, where Dr. Hornsby practised his pro- 
fession with eminent success. James, at the early 
age of about seventeen, entered the law-office of 
Mr. Edwards, of Plaqueman, as a student of law. 
His health being delicate, it was thought that a 
change of climate would be the most salutary 
restorative, and he was accordingly sent to Europe,* 
where he remained traveling about a year. He 
was a young man of great energy and considerable 
pride — a proper pride which stimulated him to 
the exercise of all his mental faculties, to their 
very utmost. He studied French, Spanish, and 
Italian ; read and spoke them with considerable 
facility. After his return from Em^ope, he again 
applied himself with renewed vigor to the study 
of the legal profession ; and subsequently com- 
menced the practice thereof, in Louisiana. After 
the discovery of gold in California, he was not 
long in determining the course he would pursue. 
He looked upon this country as a well-sown iielcl, 



AND SURROUNDINGS. 377 

where the harvest was waving for his approach. 
He might well have considered himself a well- 
armed reaper — armed with a knowledge of the 
science and practice of the civil law, and with a 
knowledge of the Spanish language. He came 
into the fields here, and the harvest fell at his 
bidding. He first located in San Joaquin district, 
whence he was sent as a delegate to the convention 
held in 1849, at Monterey, to form the State Con- 
stitution. In that body, young as he was, he ap- 
peared among the foremost in debate. 

He exercised an unerring judgment when he 4 
determined that the agricultural and stock portion 
of this country would be fruitful in litigation. 

His familiarity with the civil law and the Span- 
ish language were enough to insure him an abun- 
dant success. He finally located in San Jose, in 

1849, and formed a law co-partnership with the 
Hon. John B. Weller; the latter keeping ofiice in 
San Francisco. Mr. Jones' practice here was 
quite lucrative. He was considered one of the 
leading lawyers of the State, particularly well 
versed in the land law. His name was spoken of 
in connection with the United States Senate, 
before his age was sufficient to make him eligible. 
He was a member of the Whig party, which would, 
perhaps, have been sufficient to defeat him in 

1850, when the Democrats were in excess, in the 
legislative body. 



378 HISTORY OF SAN JOSfi 

He was liiglily honored by the appointment of 
U. S. District Judge for the Southern District of 
the State of California. The appointment gave 
universal satisfaction. But he was not permitted 
to distinguish himself under'the judicial ermine. 
He was intending to depart from this city about 
the fourth of December, for his legal residence, 
Los Angeles. But, in the very blossom of his life, 
his soul departed like a sunbeam, long before the 
harvest of glory was gathered. Consumption 
carried him to the silent tomb ; mortality put on 
immortality. May we not hope in vain that he 
was conveyed to tlie bowers of bliss. He died 
about the fifteenth day of December, 1851, at the 
residence 'of Mr, Charles White; then near the 
depot, west of Market street. 

The Hon. Craven P. Hester was born on the 
seventeenth day of May, 179G. 

The life of his father, Matthias Hester, is not 
unattractive from his miraculous escape from 
death by the tomahawk. He, with his father's 
family, emigrated from Hanover, Europe, land- 
ing at Philadelphia in 1776. Matthias was then 
seven j^ears of age. Having reached the age of 
twenty, he removed to Louisville, Kentucky. 

In 1790, he attempted, with others, to remove 
a family from that town to Shelbj^ville, in the 
same State. Having reached a certain point, where 
Middleton is now located, not far from a fort, the 
party were attacked by Indians. Matthias having 



AND SURROUNDINGS. 379 



charo-e of the team was in the advance, and riding 
one of the horses in the team. Two Indians we.^ 
in ambush, one of whom fired at him; the bal 
striking his head glanced, probably from the fact 
that he was then in the act of turning h,s team. 
From the effect of the ball he fell from his horse, 
but rose up and ran, followed by the Induui* 
After a race of about one hundred yards to a dry 
creek; perceiving that he was about to be over- 
taken, he fell into the bed of the creek, face down- 
ward One of the Indians sprang upon hun wit i 
his tomahawk drawn, and, aiming at his head, 
gave a blow. The Indian's foot having slipped, 
while in the act, caused the tomahawk to glance 
up, taking off a piece of the skull, leaving the 
brain untouched. The Indian then scalped Hester, 
taking about double the usual amount of flesh. 
Hester remarked after that, that he thought his 
head was off. Painful as it was, Hester laid per- 
fectly quiet. The Indian, believing him to be dead, 
and knowing that they were in gun-heaving of the 
fort, hurried away for the plunder. In Ihe mean- 
time one of the other men had been shot, from 
which he afterward died; and the family being on 
horseback, successfully escaped. After Hester had 
lain some moments, he raised up on us feet and 
saw an Indian mounted, facing toward him. He 
fell immediately on his face, but unobserved, where 
he rem'ained almost breathless. The Indian rode 
to the bank of the stream, gave a look at what he 



380 HISTORY OF SAN JOSE 

supposed to be a lifeless corpse, then returned to 
the wagon. 

Hester continued in his apparent dead attitude, 
until the moving wagon could no longer be heard, 
when he again rose up, aiid found that he was 
alone* In the difficulty, he received a wound in 
^he back, which he supposed to be caused hy the 
thrust of a spear, while he was running. The 
instrument pierced the lungs, producing a very 
SQvere injury. Hester attempted to walk to the 
fort, but found he was too weak, and laid down, 
where he was discovered by some of the party at 
the fort, who had heard the firing of the guns, and 
had come to ascertain the result. 

Hester was soon carried to Dr. Knioht's, in 
Shelby County, Kentucky, under whose care he 
was restored to health. Dr. Knight was an emi- 
nent surgeon, belonging to the army, and was at 
Braddock's defeat. 

Matthias married in 1793, and in seven years 
thereafter removed to the then Territory of Indi- 
ana, where Charleston is now situated. He be- 
came the father of eleven children, ten of whom 
he raised. 

Craven P., the prominent subject of this sketch, 
was the second son. He studied law at Charles- 
ton under Judge Scott, one of the Judges of the 
Supreme Court of Indiana, and, after being admitted 
to the Bar, commenced practice in the same town ; 
and there he married. 



AND SURROUNDINGS. " 381 

In 1821 he removed to Bloomington, in the 
same State, where he continued in the practice of 
his profession until 1849, when he emigrated across 
the Plains with his ^family to California, They 
proceeded on their way to St. Joseph, Missouri, 
where they rested and made final preparations for 
their long journey. They started from there on 
May 11th. In those days such a trip was indexed 
long and fatiguing, more particularly so to persons 
at the advanced age of Mr. and Mrs. Hester. T\\e 
health of the latter was feeble and in such a con- 
dition that many friends scarcely expected to hear 
of her safe arrival in California. Mrs. Hester 
was highly benefited, physically, by the trip. In 
fact, she walked nearly half of the distance. They 
reached the mouth of Feather River, in good health, 
on the sixth of the following October, where they 
remained in an inundated country until the month 
of May next thereafter, when they took up their 
abode in San Jose, where they have since resided. 

Mr. Hester brought to this country a fine repu- 
tation , as a lawyer, and, as a man of high moral 
character. He was elected District Attorney of the 
Third Judicial District on the seventh of October, 
1850, receiving his commission one month there- 
after. On the sixth of May, 1851, he resigned that 
office, and was forthwith appointed, by the Gov- 
ernor, Judge of the District, to fill the vacancy 
occasioned by the resignation of Judge Watson. 
On the third of the following September he was 



382 HISTORY OF SAN JOSfi 

elected to the same office, until the next general 
election, in 1852; when he was reelected for the 
full term of six years, during which term he 
served, giving eminent satisfaction. 

On August 25th, 1869, Judge Hester and his 
wife celebrated the fiftieth anniversary of their 
marriage by a Golden Wedding, at which assembled 
a Ijost of warm friends, to congratulate the vener- 
able pair that had been so blessed with life and 
health. The many smiling faces were evidence 
of. the happiness of that union. 

In the month of June, 1870, Judge Hester and 
lady visited their old home in Bloomington, Indi- 
ana, where is situated the University of the State. 
Long before the arrival of the aged couple, the 
people had heard with surprise, mingled with de- 
light, of the contemplated visit. On their arriv.al 
they witnessed a sincere and glowing devotion from 
old and tried friends. It almost seemed to that 
town as though the dead had arisen. Twenty 
years before, when the advanced pair departed 
therefrom, they left doubts and misgivings in the 
minds of many friends, whether they would ever* 
reach in safety California. And now, at the age 
of near four score years, they appear on the old 
grounds, firmly walking, in good health. Judge 
Hester was agreeably surprised in ascertaining that 
he had been so kindly remembered at his old home, 
and so highly honored by the University there, in 
having the degree of Doctor of Laws coufen ed 



AND SURROUNDINGS. 383 

upon him, unsought and unexpected. After a 
visit of a few months he and his wife returned to 
their California home, where they now are, in 
good health. Long may they live in peace and 
happiness. 

The Hon. William T. Wallace was born in 
Lexington, Kentucky, on the twenty-second day of 
March, 1828. He there studied the profession of 
law, and had entered the practice a short time 
prior to his coming to California, which was in the 
fall of 1850. He immediately settled in San Jose, 
and commenced the practice of law, meeting with 
remarkable success at the very outset. He held 
for a short period, in 1851, the office of District 
Attorney for the Third Judicial District of the 
State. During that year he formed a copartner- 
ship with Messrs. Burnett and Ryland, under the 
style of Burnett, Wallace & Ryland. This firm 
continued the practice with great profit for a few 
years, when Governor Burnett withdrew, leaving 
the firm Wallace & Ryland. He was married on 
the thirtieth of March, to Miss Rometta Burnett, 
an accomplished daughter of the Ex-Governor. 
In 1854, Mr. Wallace was elected to the office of 
Attorney-General of the State, which he held for 
the term of four years, conducting the affairs 
thereof with great ability. He continued his res- 
idence and practice here, visiting Sacramento and 
remaining there only so long as official duty re- 
quired. About the year 1859, he and Mr. Ryland 



384 HISTORY OF SAN JOSE 

dissolved copartnership, each thereafter practicing 
alone. 

In 1863, Mr. Wallace removed to San Francisco, 
uniting himself with Patterson & Stow, under 
the name of Patterson, Wallace & Stow. This 
firm continued four years in the practice of the 
law, receiving about the largest and most lucrative 
patronage of any law firm in the State. 

He was a candidate for the United States Senate, 
in 1868, and commanded a large vote, but insuffi- 
cient for election. He received the nomination 
as one of the Presidential electors on the Demo- 
cratic ticket in 1868. He also received the nomi- 
nation at the hands of the same party as a candidate 
for the Supreme Bench, and, at the election in the 
fall of 18G9, received a majority of the votes for 
that office. 

During the last Presidential campaign, he did 
eminent service to the Democratic party in can- 
vassing the State. He had paid so little attention 
to politics, and so much to law, consequent upon 
a constant pressure of professional engagements, 
that his friends harbored some doubts as to his 
success on the stump. He had scarcely become 
awakened to his duties in his new field of enter- 
prise, when it was apparent that he had gathered 
from the political storehouse a sufficient stock to 
cope with his antagonist, and put to flight all 
anxiety that hovered around the minds of his 
friends. He demonstrated that he had sounded 



AND SURROUNDINGS. 385 

the depth of political science, and was not unmind- 
ful of the ability arrayed against him. He spoke 
with greater facility, clearness, and vigor than his 
most ardent admirers anticipated. 

Judge Wallace's mind would probably be con- 
sidered more solid than brilliant; active and acute 
rather than imaginative; and he, a close thinker. 
His argnments were generally comprehensive, for- 
cible, and terse. His position is in the front rank 
of the profession. His change from the bar to the 
bench, has not lessened the standard formerly 
awarded to him by his professional brethren. 

The Hon. A. L. Rhodes, present Chief Justice 
of this State, was born on the twenty-fifth day 
of May, 1821, at Bridge water, Oneida county, New 
York. In 1841, he graduated at Hamilton College, 
Clinton, New York. After studying the profession 
of law, in 1845 he went to Bloomfield, Green 
county, Indiana, where he practised; and where 
he was married, on the first of September, 1846. 

In the fall of 1854, he came to California with 
his family, and settled in this valley. He did not 
resume the practice of the law until 1856, when 
he opened an office in this city, and immediate y 
took position as a leading member of the bar. He 
held the office of County-Attorney for a short 
period: and in 1859, he was honored with a seat 
in the State Senate. He was accorded there, by 
general consent, a prominent position, exercised 
much influence, and commanded the respect of the 

25 



t 



383 HISTORY OF SAN JOSE 

whole Senate. He was known there ns an indus- 
trious man, of talent and honor. Although not 
possessing the highest power of oratory, he received 
from the Senate an undivided attention whenever 
he spoke. He was assigned the position of chair- 
man of che judiciary committee, and gave universal 
satisfaction to the members. He introduced some 
important amendments to the Constitution, which 
were adopted. 

In 1863 he was elected on the Republican ticket 
one of the Judges of the Supreme bench of the 
State. In drawing lots among the several Judges 
for the respective terms of their offices, that of 
eight years fell to Judge Rhodes. He has sustained 
himself honorably as a member of that Court, and 
has. exhibited by his written opinions that he pos- 
sesses the qualifications of condensatioa, of perspi- 
cuity, and that of an acute and exact reasoner. His 
diction is characterized by brevity and significance 
of expression. The mildness of his manner to his 
professional brethren, both on and off the bench, 
has won their highest respect. 

Andrew J. Grayson. As the hand of Provi- 
dence opens to donate genius and talent, it does 
not seek groups of nobility nor of wealth to spec- 
ially favor, but, with a republican spirit it scatters 
its bounty through every class of society. Some- 
times we wish that wealth had fallen where we 
perceive the highest order of -genius implantel, 
that it might assist in its expansion and culture. 



AND SURROUNDINGS. 387 

And yet, we have frequently observed talent 
stunted in its growth because phmted in the gar- 
den of wealth. Genius has no greater enemy than 
indolence. Sometimes genius and indomitable 
will are baffled by uncontrollable circumstances, 
that seem to deter the strongest heart from a re- 
newal of energy. But the genius of other persons, 
in the midst of trouble, acquire new elasticity by 
pressure, like the power of steam. Andrew J. 
Grayson belonged to the latter class. How much 
it is to be regretted that wealth did not serve his 
genius, so that its illumination might have shed 
greater lustre on science and art ! How much 
labor, how much fatigue, how much danger did he 
not undergo, to present to the intelligent and the 
curious faithful pictures of the cunning work of 
Deity? How he watched with a patient eye, 
studied with deep thought; how he portrayed with 
an unerring hand the features of the feathered race, 
which chant the morning hymn and sing sweet 
carols to parting day. 

The number is not small who think that time 
is ill spent, if not occupied in gaining something 
of real utility, wliich may be immediately traced 
as effect from a cause. And yet, no man can cast 
a glance over a town or city, without observing 
many processes of manufactory, of which he might 
exclaim that they were of no ultimate benefit to 
mankind. That which gratifies a noble desire and 
innocent pleasure, which has a tendency to inspire 



388 HISTORY OF SAN JOSfi 

US with a love of Grod, by exhibiting new beauties 
of His work, or of the genius of man, is not work 
in vain. We can do without the church organ, 
but who does not feel his soul swelling with in- 
spiration as he listens to its measured tones of 
harmony, mingling with vocal accents in the chant 
of glory to God ? 

The works of a»rt are numberless which do not 
absolutely administer to the actual necessities of 
life, but which elevate many virtues, chasten and 
refine the varied intercourse of life, and extend 
the area of innocent enjojauents. 

He, whose main thought is the gain of filthy 
lucre aid the gratification of his passions, is little 
above the fowls of the air or beasts of the field. 
The works of Mr. Grayson are not those which 
point to any actual necessity of life, but they are 
those which refine our feelings, and may be well 
termed pub'ic blessings. 

Let us review his steps from the swamps of 
Louisiana, for there he first saw light, August 
20th, 1819. The waters of the Ouachita often 
mirrored his youthful visage — for there he angled 
with the rod, and tliere he crept stealthily through 
the canebrakes, gun in hand, to send death after 
some fowl of the air, or some animal of the thick- 
ets. He preferred the latter for game, as the love 
he bore the former ( ften stayed the hand of the 
destroyer. He had some love for drawing, and 
particularly in portraying the works of nature; 



AND SURROUNDINGS. 389 

but the skill was baffled by his teacher rather 
than aided and encouraged. 

After he returned from the college of St. Mary, 
Mo., and after the death of his father, and the divi- 
sion of his esta.te, young Grayson pursued the mer- 
cantile business, unsuccessfully. For its drudgery 
he had no love. He married about this time, which 
was in 1843. For a period he was undecided what 
to do; but learning in St. Louis, from trappers, 
much about the Pacific coast, he and his wife con- 
cluded to turn their faces in this direction, and to 
proceed until the ocean became their barrier. 
Having obtained company sufficient to attempt 
the enterprise with safety, they set out in the 
spring of 1846, and arrived in California in the 
month of the following October. 

As every American was needed in defense of his 
country's honor, Grayson offered his services forth- 
with; and, leaving his wife at Sonoma, proceeded 
wherever he was ordered. He was commissioned 
by Commodore Stockton, to serve during the war; 
and raising a company of mounted riflemen, he 
joined the other forces, and remained doing duty 
until peace was restored. 

After meeting with s')me elevations and descen- 
sions, financially, he and his wife resolved^ in the 
latter part of 1853, to make San Jose their home. 
I cannot better express the views he then enter- 
tained, than by quoting his own words, recorded 
in his journal. He there says: '' Having tried the 



390 V HISTORY OF SAN JOSfi 

north side of the bay, I felt certain the south side 
would make us happy. In fact, we had the coun- 
try, or green, fever. We pictured all sorts of 
pleasure we would have in eating grapes, figs, 
apples, etc., under our own vine and fig tree. We 
were building castles, or cottages, with everything 
in keeping, before we had made a purchase. 

" We looked at many places, and om^ old friends 
and traveling companions allured us on, picturing 
the many pleasant times we would have in being 
near, and enjoying each others company, as we 
once had, in our long perilous journey across the 
plains in 1846. Having found a place that suited 
me, I purchased it, commenced building and plant- 
ing. My place was soon in a most flourishing 
condition; roses, strawberries, trees, etc., had 
grown up most astonishingly, under my careful and 
attentive culture. A beautiful spot nestling among 
the trees and roses, was our delightful little cot- 
tage, with its artesian well — a perpetual flowing 
fountain of crystal water. Tame birds ran about 
the yard, which had been domesticated with much 
care and skill Wild ones sang in the grove about 
the house. It was a spot one delighted to visit. 
Having much spare time on my hands, I com- 
menced drawing and portraying some of the 
objects of natural history that interested me most; 
little dreaming of their ever being brought before 
the public; but time and circumstances make 



AND SURROUNDINGS. 391 

strange alterations in the path of life we expect to 
pursue. 

"In 1855, my wife and a lady friend from San 
Francisco (unknown to me,) sent some of my 
paintings to the State Fair, in Sacramento. I 
there received a special premium, which not only 
surprised me, but encouraged me on. I then 
commenced with renewed vigor, and at the Fair 
in San Jose, 1856, I obtained the first premium in 
apples and water colors." 

Here, then, in San Jose, at his " Bird's Nest 
Cottage," as he and his wife termed their hom«, 
on the northeast corner of Fourth and St. Julian 
streets, Mr. Grayson first began in earnest to 
teach himself the science of ornithology, and the 
art of drawing. Here,'in this charming valley, in 
a luxuriant garden, which was daily visited by 
the merry songsters, to carol enchantingly to the 
admiring landlord, as if conscious of his admira- 
tion and their own powers of enchantment; here, 
I say, the bud of genius exp aided day by day, 
until, moving to a more tropical clime, it became 
a full-blown flower, brighter than all the beauties 
of the deep-dyed sailers of the sky, which he, so 
life-like, threw upon canvas. 

He had, at the solicitation of his wife, before he 
settled here, visited the Mercantile Library in San 
Francisco, and studied with delight the works of 
Audubon. They gave him new ideas, and in- 
creased his desire to imitate them. After plant- 



392 HISTORY OF SAN JOSfi 

ing himself in his little Bird's Nest Cottage, in a 
balmy clime, and listening to the warble of his 
feathered visitors, he was more than ever enchanted 
with the idea of pursuing his new theme. And 
for the reason that here he made his first attempt 
to build up his fame, I give place herein to this 
sketch. To his wife this Bird's Nest Cottage will 
be ever dear in memory. It is mirrored in her 
heart as it appeared when she and her husband 
nestled in it as their own sweet home. 

Not only did Mr. Grrayson learn to be a great 
imitator, but a preserver of Nature. He became 
by self-instruction learned in the art of taxidermy. 
Many of his specimens found their way to the 
Smithsonian Institute, for which, he received high 
praise and many thanks. 

He and his wife departed for Tehuantepec, in 
1857, witli a view on his part of continuing the 
study and practice in the science and art which 
were the choice of his heart. A shipwreck deprived 
them of all, save the apparel which they had on. 
Just at that period the want of a surveyor on the 
Isthmus gave him an opportunity of obtaining a 
livelihood for a short time. Obstacles were con- 
tinually rolling into his path, yet he did not suc- 
cumb, but with increased energy overcame them. 
He returned to San Francisco and, after a short 
period, finally sailed for Mazatlan, with his wife, 
where they made their home until his death. He 
there entered with his whole energy into the study 



AND SURROUNDINGS. 393 

of his new profession. He closely observed the 
nature of the birds, their habits, and practiced the 
art of portraying them on paper. During the 
reign of Maximilian, he and his wife visited the 
City of Mexico, where they 'were cordially met by 
the Emperor and Empress, whose cultivated taste 
was quick to detect the skill of Mr. Grayson. An 
arrangement was made with the Academy of Sci- 
ence, whereby his work was to be published in 
Europe, and he to be assisted pecuniary in the 
meantime, to enable him to proceed with his labors. 
The fall of the empire severed the contract. 

Notwithstanding the losses of his works by ship- 
wreck, he had preserved a hundred illustrations 
which were to have been published in four 
volumes, representing the various birds in different 
positions, together with drawings of the plants and 
trees among which the respective birds chanted 
their joyful notes. Mr. Grayson fairly won the 
name of the ''Audubon of the Pacific." 

It is to be hoped that the Government will yet 
see that the works, of so much value to science 
and art, will be placed before the public in the 
manner intended by their talented author. 

In 1869, April 20th, he sailed to Isabel Islands, 
a group of rocks between Tres Marias and San Bias, 
professionally, where he caught a fever which 
carried him to the tomb. He expired on the night 
of the seventeenth of August following. His last 
thoughts were, perhaps, dallying with the artistic 



394 HISTORY OF SAN JOSfi 

skill of his own genius, or perhaps with Nature's 
works ; for his last utterance was to his wife, as he 
exclaimed: ''What a beautiful picture !" 

A half century, less three days", was all that was 
allotted to one who had done much, and might 
through Divine Providence have done more, to 
illustrate the exquisite beauties of nature, and cause 
us to contemplate how much there is in the won- 
drous works of Nature's God, yet undeveloped to 
the great mass of manland. So long as ornithol- 
ogy shall remain in the catalogue of human cul- 
tures, so long will the name of Andrew J. Grayson 
be a brilliant in the clustered names which have 
shed lustre on science and art. 

We can almost imagine that his spirit took its 
flight through the balmy transparency of the skies, 
amid the triumphal songs of an army of the birds 
he so much loved. 

There are many other residents of San Jose, 
whose lives possess many things of interest and 
instruction, but who did not arrive at that period 
which makes them noted as pioneers. And there 
^are many who never had such an extraordinary 
position in public affairs as to come within the 
province of the historian ; but who, nevertheless, 
have characteristic qualities which are, indeed, 
noteworthy. To go beyond the number tRat were 
prominent in early times, and those who have 
since become so by their public station, would 



AND SURROUNDINGS. 395 

swell the list far greater than the intended com- 
pass of this work would warrant. 

The early settlers whom I have thus succinctly 
sketched, were all men of sagacity, energy, and 
patriotism. They acted conspicuously at a time, 
and in a country, when the written law of the land 
"was not much respected by a large class of men. 
Their history shows that they did not adhere to 
that law merely because it was the law, and through 
fear; nor because they believed that sufficient 
executive power was not wanting to enforce it — 
but because they were prompted by the proper 
instincts of right, by the principles of fidelity, good 
faith, moderation, and wisdom. And, as they 
have preserved through life a name unspotted, it 
entitles them to be placed on record with the 
events of contemporaneous history. 



i96 HISTORY OF SAN JOSE 



CHAPTER XXY. 

QTJICKSI3L."V^EI?. nVIinSTES. 

Discovery of the New Almaden ; Working of tlie Mine in 1824 by 
Sunol and the Eobles ; Experiments by Andres Castillero, in 
1845 ; Denouncement of the Mine by him ; his Proceedings to 
acquire Title thereto ; his Working of the Mine ; his Sale to 
Messrs. Barron, Forbes & Co. ; their Possession and Work ; Fur- 
naces and Process of Working therewith ; Geological Character 
and Chemical Analysis of the Ore ; Mode of Obtaining and Trans- 
porting Ores ; Products of the Mine ; Sale thereof. — Almaden 
Mine in Spain ; Comparison between the two Mines. — Enrequita 
Mine. — Title to the New Almaden. — Guadalupe Mine. 

Xo quicksilver mine of any great importance 
had been worked or known in North America, 
prior to the discovery and working o^ that of the 
New Almaden, in Santa Clara count}'. Those in 
Mexico were of comparative minor importance. 
Its name, as is well known, is derived from the 
ancient one in Spain, referred to herein. It is a 
compound word, formed by the Arabic article "al," 
the, and the noun "maden," mine — The Mine. 

The history of a mine of so much importance, 
of SO much wealth, and so uncommon in our coun- 
try, could scarcel}^ be without some interest to 
the general reader ; and particularly to the 
residents of this valley, bordered by the hills that 
contain it. 



AND SUEROUNDINGS. 397 

The exact date of the discovery of this mine by 
the Indians is unknown, but it was more than half 
a century ago. Civilized man became acquainted 
with it in 1824. In that year an old Indian made 
it known to the Robles family and Luis Chabolla. 

As I have stated in a former chapter, the Indians 
used it to paint their faces and hodj. They called 
it moJcetka — red earth. It was used to paint the 
church at the Santa Clara Mission, in 1825-6. 
The ore, or cinnabar, is a red sulphiiret of mer- 
cury, and by being pulverized and moistened, 
forms a red pigment. In 1824, the Pvobles informed 
Don Antonio Sufiol of its existence and location. 
It is situated about thirteen miles southwardly 
from San Jose. A perfectly level road leads from 
this city, eleven miles to the place where are 
established the furnaces by which the metal is 
extracted from the ore. Thence up a well-gragled 
road to an elevation of about a thousand feet, a 
distance of two miles or more, will be found the 
mine. 

The Messrs. E-obles and Sunol were of opinion 
that the mine contained silver. With that view 
they worked it the first year that its discovery was 
made known to them. Mr. Sunol furnished a 
capital of about four hundred dollars, but derived 
no benefit therefrom;, and, consequentl}^, aban- 
doned it. They did not then suppose that it con- 
tahied quicksilver; in fact, they were unacquainted 
with the ore that contained such metal. 



398 HISTORY OF SAN JOSl^ 

In the autumn of 1845, one Andres Castillero 
came to California on business, which took him to 
Sutter's fort. On the tweU'th of November he left 
that place, and went to the Mission of Santa Clara. 
Some of the ore of this mine was exhibited to him. 
He pronounced it silver, with a %* of gold. But, 
while there exp^erimenting, he ascertained the ore 
to contain quicksilver. He ordered a servant to 
pnlverize a small quantity, which he sprinkled 
upon some live coals held in a small brick tile. 
After the ore became very hot, he took a tumbler- 
ful of water, and sprinkled it with his hand on the 
ore and coals. He then placed the empty tumbler 
over the coals upside down, wliere it remained for 
a few minutes; then withdrawing the tumbler to 
the. light, saw minute particles of quicksilver in 
globular' form. He thought it very rich, fi'om the 
weight of the ore. He observed to the priest, 
Father Real, and Jacob P. Leese, who were present, 
that if it proved to be as rich as the quicksilver 
mines in Spain he had made his fortune, as the 
Mexican government had offered to any one for 
the discovery of such a mine in the Republic of 
Mexico one hundred thousand dollars. 

Under the Spanish and Mexican mining laws, 
the foundation of the right to a mine is dis- 
covery. But the right is lost, unless the dis- 
coverer makes known the fact before the judicial 
tribunal, authorized to receive such declarations. 

* Alloy. 



AND SURROUNDINGS. 399 

The proceedings are ex-parte^ and consist of a pro- 
duction of the ore, a description of the phiee 
where it was discovered and of the person of the 
discoverer. These facts being duly made known 
lind recorded, the title passes by operation of 
law, unless within the time limited, some one 
having a better right, appears. The discoverer is 
required before he is entitled to a registry and 
juridical possession, to perform two' certain acts: 
1st. He must appear with a written statement of 
the facts necessary to be set forth; and, 2d, he 
must within ninety days thereafter, make a pit in 
the vein of his registry of the required dimensions. 
After this, formal possession can be given. 

Castillero made attempts to denounce this mine 
according to law, so that he might obtain a perfect 
title thereto. On the twenty-second of Novem- 
ber,!l845, he went before Pedro Chabolla, Alcalde 
in San Jose, and made the following document: 

" Sefior Alcalde of First nomination." 

'' Andres Castillero, Captain of permanent cav- 
alry, and at present resident in this Department, 
before your notorious justification makes represen- 
tation, that, having discovered a vein of silver, with 
a ley of gold on the rancho pertaining to Jose Reyes 
Berreyessa, retired Sergaant of the Presidio Com- 
pany of San Francisco, and wishing to work it in 
company, I request that in conformity with the or- 
dinances on mining, you will be pleased to fix up 
notices in public places of the jurisdiction, in 



400 HISTORY OF SAN JOSfi 

order to make sure of my right, when the time 
for the juridical possession may arrive, according 
to the hiws on the matter. I pray you to provide 
in conformit}^, in which I will receive favor and 
justice; admitting this on common paper, there* 
being none of the corresponding stamp. 

" Pueblo of San Jose Guadalupe, November 
twenty-second, eighteen hundred and forty-five. 

" Andres Castillero." 

On the tliird of December following, Castillero 
appeared before the same Alcalde again, wdth 
another document, wherein he states, '* that on 
opening the mine which I previously denounced 
in this Court, I have taken out, besides silver, 
with a ley of gold, 'liquid quicksilver, in the pres- 
ence of several bystanders, whom I may summon 
on the proper occasion." 

He asks to have that writing placed on file. 
He afterward solicited to be placed in juridical ^ 
possession. Antonio Maria Pico, December 30th, 
1845, certifies that he, as First Alcalde, there be- 
ing no Juez de Letras (Professional Judge,) gave 
him possession. His words are: "I have granted' 
three thousand yards (varas) of land in all direc- 
tions, subject to what the general ordinance of 
mines may direct, it being worked in company, to 
which I certify, the witnesses signing with me." 
This was signed by Pico, and also by Antonio 
Sunol and Jose Noriega, as assisting witnesses. 
Castillero, as he wished to work the mine 



AND SURROUNDINGS. 401 

in company, had formed a copartnership at 
the Mission of Santa Clara, on the second of 
November, 1845. He divided one half into three 
parts, which lie disposed of as follows: Four shares 
to Don Jose Castio; four shares to Messrs. Secun- 
dino and Teodero Robles; and four shares to the 
Rev. Father Jose Maria R. S. del Real. The mine 
itself was divided into twenty-four barras, or 
shares. 

Castillero employed Wm. G. Chard, an Ameri- 
can, from Columbia county, State of New York, 
to reduce some of the ore. He took a gun barrel, 
charged it with pieces of ore, the size of a bean, 
stopped the vent with clay, put the muzzle in a 
vessel of water, and built a fire around the other 
end. The heat drove off the mercury in the form 
of vapor, which passing out at the muzzle, was 
condensed in the water, and precipitated itself to 
the bottom in the form of liquid metal. Three or 
four gun barrels were used in this way at the same 
time. And in this form he continued to work the 
ore for six or seven weeks. 

While Chard was thus reducing the ore. Alcalde 
Pico, with the assisting witnesses, went there to 
do what they termed, giving juridical possession 
of the mine to Castillero. 

A short period after this act of the Alcalde, a 
furnace was built by Chard, near the creek, where 
he transported the ore to be reduced. Owing to 
the ill-construciio.n of the furnace, it was unser- 

26 



402 HISTORY OF SAN JOSE 

viceable, and was entirely abandoned. He ob- 
tained subsequently, six whaler's try-pots, capable 
of holding three or four tons of ore. Three of 
these pots were inverted over the other three, thus 
forming with each pair, a furnace. By building a 
fire around these, and having so arranged them 
that the mercurial vapor was conducted to the 
water, he succeeded in reducing about two thou- 
sand pounds of quicksilver. 

Chard continued this until about August, 1846, 
when he, and the Indians working with him, left, 
and no more labor was performed there until the 
next spring, about May. 

The discovery was made known to the Governor 
of California, in 1845, and the information, with a 
sample of the quicksilver, was sent to Mexico. In 
1846, Mr. Thomas 0. Larkin, American Consul at 
Monterey, communicated the facts of the discov- 
er}^ and the working of the mine, together with an 
explanation of the mode of acquiring title to it 
under Mexican law, to our Government at Wash- 
ington. It was also visited by Fremont in 1846, 
who then estimated its value at about thirty thou- 
sand dollars. 

In the winter of 1846-7, Castillero sold certain 
shares to Messrs. Barron, Forbes & Co., of Tepic, 
Mexico, as well as some to other persons. Bar- 
ron, Forbes & Co. sent Robert Walkinshaw to take 
possession of the mine as their agent, who did so 
May 5th, 1847. He was accompanied by a man 



AND SURROUNDINGS. 403 

named Alden. In November of that year, Mr. 
Alexander Forbes, of the above firm, came up 
from Mexico, with workmen, money, and all the 
requisite appliances for carrying on the work of 
reduction. A thorough examination was then 
made of the mine. It gave increased evidence of 
richness, and the working of it was prosecuted 
with vigor. Retorts were soon established for the 
reduction of the metal, and used until 1850, when 
furnaces were erected, that produced the metal in. 
large quantities, under the superintendence of 
Captain (now General) H. W. Halleck. 

These furnaces, with the condensing chambers, 
are from one hundred and fifty to two hundred feet 
long, and about ten feet high. The furnace 
proper is about fifteen feet long, and is divided 
into two compartments. The first is for the fuel ; 
the second for tlie ore, which is termed the ore- 
bed. The partition wall between the fire and ore- 
bed has several apertures, of the size of a brick, 
through which the heat reaches the ore. Next, 
and adjoining the ore-bed, is a tower from twenty 
to thirty feet high, the top of which is bricked air- 
tight, and has a perpendicular brick partition. 
The wall of the tower adjoining the ore-bed, is 
perforated witli several holes of the size of two 
bricks. The partition w^all of the tower has within 
a foot of the top, an aperture about a foot square. 
The long condensing chamber is next adjoining 
the tower. It is divided into various compart- 



404 HISTORY OF SAN JOSfi 

ments. The second chamber of the tower con- 
nects with the first compartment of the condens- 
ing chamber by an aperture about the size of four 
bricks, which is within a foot of the bottom of the 
chamber. . The second compartment connects with 
the first of the condensing chambers, by an aper- 
ture of like size witliin a foot of the top of the 
chamber. The various compartments are thus 
connected with hke apertures, alternately, at the 
top and bottom of the chamber. At the farther 
end of the condensing chamber is a high chimney 
to carry off the smoke. Between the chimney 
and the long and large condensing chamber, is a 
smaller chamber, over which water continuall}^ 
drips for the more rapid condensation of the mer- 
curial vapor. Along the whole length of the con- 
densing chamber, is an exterior trough. At the 
bottom of all the compartments of the condensing 
chambers, are holes which lead to the trough. At 
the farther end of the trough, near the chimney, 
is an iron kettle, which is the receiver of the 
quicksilver. For the purposes of reduction, the 
ore is pounded into pieces of about the size of a 
hen's egg, then placed in the ore-bed. The fuel is 
then fired, and when the ore has received a suf- 
ficient degree of heat, through the apertures of the 
wall, the quicksilver, in the form of vapor, is 
emitted, and passes with the smoke into the first 
chamber of the tower, thence it rises to the ajDer- 
ture in the partition wall, through which it goes 



AND SURROUNDINGS. 405 

into the second chamber of the tower; thence 
down that chamber through the aperture near the 
bottom, into the first compartment of the long 
condensing chamber; thence it rises again, and 
passes through the aperture near tlie top, into the 
second compartment; and thus continues, rising 
and falhng alternately, until it is condensed. By 
the time the smoke has reached the chimne}^, it 
is quite robbed of its mercurial companion. As 
the vapor passes from one compartment to the 
other, more or less of it is condensed and falls to 
the bottom, and oozes out of the holes that Jead 
to the exterior trough; thence it runs into the 
iron kettle. Some of the smoke halts in its pas- 
sage, and drops in the form of soot, at the bottom 
and sides of the various compartments. The same 
is removed by means of small doors thereto at- 
tached, for that special purpose. 

Undoubtedly, a small percentage of the metal 
is conducted with the smoke up the chimnej^ ; but 
the process of condensation is now so complete 
that the waste is inconsiderable. 

To illustrate to the reader the geological char- 
acter and chemical analysis of the ore of this mine, 
I take the following from the " Metallic Wealth 
of the United States," by J. D. Whitney : 

" The ore is found in connection with sedi- 
mentary strata, composed of alternating beds of 
argillaceous shales and layers of flint, which are 
tilted up a high angle, and much flexed. They are 



406 HISTORY OF SAN JOSfi 

considered by Mr. Black to be of Silurian age, but 
their position has not been determined with cer- 
tainty. With these rocks the mercurial ores are 
mingled in a series of beds and laminations of 
great number and extent, so that the whole work- 
ings are very irregular and contorted. The masses 
of ore are separated by intercalated strata of rock 
of variable thickness, which are themselves often 
filled with seams and bunches of the sulphuret. 
Numerous veins of carbonate of lime traverse the 
rock in different directions, cutting through the 
ore<and dislocating the small veins; and the same 
mineral lines cavities in the masses of cinnabar, 
being there finally crystalized, and sometimes con- 
taining bitumen in minute globules. The sul- 
phurets of iron and copper, and arsenical pyrites, 
are associates of the ore, but they occur in very 
small quantities. An analysis of the ore by Prof. 
Hoffman gave: Mercury, 67.25; sulphur, 10.33; 
silica, alumina, etc., 22.55=100.13. 

A great deal of labor has been rendered and 
money expended in seeking for the metal. 

In 1850 and 1851, about two hundred men 
were employed. The expenditure amounted to 
forty thousand dollars per month, while the 
monthly amount of metal extracted was seven 
. thousand and five hundred pounds, worth sixty- 
three thousand seven hundred and fifty dollars. 
Then, and generally since, the minei'S were com- 



AND SURROUNDINGS. 407 

posed of Mexicans and Yaqui Indians. There 
have been several Cornish miners among them, 
and I beUeve there are now a few of that ckss in 
the employ of the company. 

In early thnes, the ore was altogether trans- 
ported from the mine to the furnaces on pack 
mules. Afterward it was principally carried in 
wagons; and now brought on cars, and also slid 
down on inclined planes. 

An adit-level has been cut into the mine, for a 
distance of over one thousand feet. This adit is 
from one hundred and eighty to two hundred feet 
below the first opening of the mine; and is ten or 
twelve feet square, and stoutly braced with heavy 
timbers. Out of this is transported the ore in 
cars, moving on iron rails. 

The mining hill is dotted here and there with 
small dwellings, occupied by the employees of the 
mine, A neat little village adorns the valley in 
the vicinity of the furnaces; and, among the build- 
ings thereof, is a stately structure, embowered in 
' a forest of beautiful trees and shrubs, and occupied 
by the superintendent of the mine. 

The following statement will give some idea of 
the great wealth produced from this mine: 



408 HISTORY OF SAN JOSfi 





Date. 




Ores consumed. 


Per 


riasks. 


Pounds. 










Pounds 


centage . 






July 


1850 to June 1851 . 


. 4,970,717 .. 


. 35.89 . 


. 23,875 . 


. 1,826,437 


" 


1851 " 


' " 


1852 . 


. 4,634,290 .. 


32.17 . 


. 19,921 . 


. 1,523,956 


" 


1852 '■ 


' " 


1853 . 


. 4,839,520 .. 


27.94 . 


. 18,035 . 


. 1,379,677 


" 


1853 ' 


' " 


1854 . 


. 7,488,000 .. 


, 26.49 . 


. 26,325 . 


. 2,013,862 


" 


1854 ' 


' " 


1855 . 


. 9,109,300 .. 


. 26.23 . 


. 31,860 . 


. 2,437,290 


" 


1855 ' 


( (< 


1856 . 


. 10,355,200 .. 


, 20.34 . 


. 28,133 . 


. 2,155,999 


" 


1856 ' 


' " 


1857 . 


. 10,299,900 ., 


, 18.93 . 


. 26,002 . 


. 1,989,153 


(t 


1857 " 


" 


1858 . 


. 10,997,170 .. 


20.05 . 


. 29,346 . 


. 1,245,045 


" 


1858 " 


' Oct. 


1858 . 


. 3,873,085 .. 


, 20.05 . 


. 10,588 . 


. 809,982 


Nov, 


, 1858 " 


' Jan, 


. 1861*. 






., 




Feb. 


18G1 ' 




1862 . 


. 13,323,200 .. 


. 18.21 . 


. 34,765 . 


. 2,659,522 


" 


1862 " 


' " 


1863 . 


. 15,218,400 .. 


19.27 . 


. 40,391 . 


. 3,089,911 


" 


1863 " 


^ Aug. 


1863 . 


. 7,162,660 .. 


18.11 . 


. 19,564 . 


. 1,496,646 


Nov. 


1863J " 


• Dee. 


1864 . 


. 25,646,100 ., 


. 16.40 . 


. 46,216 . 


. 3,535,524 


Jan. 


1865 " 


I li 


1865 . 


. 31,948,400 .. 


12.43 . 


. 47,194 . 


. 3,610.341 


" 


1866 ' 




1866 . 


. 26,885,300 . 


. 11.62 . 


. 35,150 . 


. 2,688,975 


" 


1867 " 


■■ " 


1867 . 


. 26,023,933 .. 


7.05 . 


. 24,461 . 


. 1,871,266 


" 


1868 " 


. «' 


1868 . 




10.12 . 


. 25,628 . 


. 1,950,542 




* Mi 


ine closed by injunction. 









The principal markets for tlie sale of the quick- 
silver of this mine, are in Mexico, China, South 
America, and the gold and silver mines of this 
State. The Almaden mine in Spain, and the Idria 
in Corinthia, in the Austrian Empire, furnish the 
greater portion of the mercury used in Europe. 
The Idria has been worked for many hundred 
years, and was considered as second to the Alma- 
den, in Spain. The latter has been known as the 
oldest and richest quicksilver mine in the world; 
although some years, the yield of the New Almaden 
exceeded it by far. 

From 1824 to 1849, the old Almaden averaged 
from two million to two million and five hundred 
thousand pounds, avoirdupois, per annum. In 



AND SURROUNDINGS. 409 

1865, the New Alniaclen yielded nearly four million 
pounds; but when we consider the time in which 
the old Almaden has continually poured out its 
wealth/ the amount is, indeed, wonderful. , Pliny 
observes that the Greeks obtained vermillion from 
this mine, many hundred years before the Christian 
era. He also remarks that the mine poured forth 
one hundred thousand pounds of ore annually, to 
the Romans. At one time it was worked wholly 
by condemned criminals. This mine is situated 
in the province of La Mancha, near the frontier 
of Estremadura. 

I have thus briefly described this ancient mine, 
because the New Almaden was named after it, and 
because comparisons are not unfrequently made, 
or attempted to be made, between the two. 

The Eurequita quicksilver mine is about two 
miles northwest of the New Almaden, and belongs 
to the same company. 

There are two hundred and twenty-one dwell- 
ing houses, stores, and shops, at the two estab- 
lishments. The value of the real estate, with 
improvements, and all personal property at the 
mines, and in San Francisco, belonging to the com- 
pany, was, December olst, 1868, estimated at five 
hundred and seventy-two thousand one hundred 
and seventy-five dollars and. ninety-five cents. 
This, of course, does not incUide the mines proper. 

The title was claimed by the persons who occu- 
pied the premises, under the name of the New 



410 HISTORY OF SAN JOsfi 

Almaden Mining Company ; but the petition was 
filed l^efore the Board of Land Commissioners, in 
the name of Andres Castillero for his benefit, 
and those holding mider him. 

The petition set forth that Castillero discovered 
a mine of cinnabar in 1845 ; that he formed a com- 
pany to work it on the twenty-second of Novem- 
ber; that on the third of December, 1845, he 
denomiced it, and on the thirtieth of December, 
received juridical possession in due form, from 
the magistrate of that jurisdiction ; that the record 
of his mining possession was afterward submitted 
.to the Junta de Fomento y Administracion de 
Mineria, which declared it to be legal, and recom- 
mended to the Executive, not only that it be con- 
firmed, but that two square leagues be granted him 
on the surface of his mining possession; that the 
grant of two square leagues was made on the 
twentieth of May, 1846, and an order or patent of 
title issued to him on the twenty-third, with which 
he started to take possession, but was prevented 
by the war; that as soon as possible, he got a sur- 
vey made; that by virtue of these facts, he ac- 
quired a perfect title, under which he and his 
grantees have held possession ever since 1845, ex- 
pending immense sums of money upon it. The pe- 
tition pra3^s the Board to confirm to him " the two 
square leagues of land, as embraced in his mining 
possession and grant, as aforesaid." Such are the 



AND SURROUNDINGS. 411 

facts as were laid before the Courts, together with 
documentary and oral evidence in support thereof. 

The Board of Land Commissioners decided ad- 
versely to petitioner's claim, whereupon an appeal 
was taken to the U. S. District Court, where, 
January 18th, 1861, the decision of the Com- 
missioners was reversed, and the claim of peti- 
tioners declared to be good and valid, to the mine 
known by the name of New Almaden, and of all 
ores and minerals of w^hatsoever description, in fee 
simple. That the mine is equal to seven perte- 
nencias, being of a solid or a rectangular base, two 
hundred Castillian varas long, of the w^idth estab- 
lished by the Ordenanzas of 1783, and a depth, 
including the surface to the centre of the earth; 
that they may select the said pertenencias, so that 
they shall be contiguous to each, that is, in one 
body, and to include the mouth of the original 
mine. 

From this decision an appeal was taken to the 
United States Supreme Court. This Court at the 
December term, 1862, held that no such registry 
of the particulars concerning the mine, nor of the 
action of the Alcalde upon the allegations of the 
petition, nor of his proceedings in respect to the 
juridical possession of the mine was ever made, as is 
required by the ordinance; neither were the perte- 
nencias measured nor definitely located; nor the 
boundaries fixed, nor the stakes set, as therein re- 
quired. Registry has been required as tlie basis of 



412 HISTORY OF SAN J0Sl5 

the title to a mine wherever Spanish law has pre- 
vailed, for more than three centuries. The Court 
was of opinion that no case ever showed the neces- 
sity of such registry more than the present one. 
The Court further held that the Alcalde could not 
act in the place of a Judge of First Instance, under 
the mining regulations. The Court seemed to think 
that the case was spotted all over with fraud; and 
the conclusion arrived at was, that the claim was 
invalid, and therefore the decree of the District 
Court was reversed, and the cause remanded, with 
directions to dismiss the entire petition. 

Justice Catron gave a dissenting opinion, hold- 
ing that Castillero acquired an incipient right, by 
discovery of the mine, and the surface of land 
lying above the mine, to the extent that it was 
adjudged to him "by the District Court. He also 
was of opinion that the Alcalde had jurisdiction 
as a judicial magistrate, in the absence and non- 
existence of any authority in California, to make 
the registry and give possession. 

This mine was claimed by four different parties; 
that is, by parties claiming under four distinct 
sources of title, namely: under the Justo Larias 
grant, the Jose R. Berreyessa grant, the title of 
denouncement by Castillero, and by the United 
States as being on public land*. It was finally 
decided that the mine ^vas on the Justo Larias 
giant, and that the furnaces and improvements of 
the company below the hill were on the Berreyessa 



AND SURROUNDINGS. 413 

grant. The company bought in these two titles, 
to protect themselves. 

An injunction was laid upon the mine in Octo- 
ber, 1858, and remained thereon until February, 
1861; during which time no work was performed 
there. 

In 1864, the company sold the mine and all im- 
provements for the sum of one million and seven 
hundred thousand dollars. The purchasers were 
a company, chartered under the laws of New 
York and Pennsylvania, and known as " The 
Quicksilver Mining Company." They fixed the 
capital stock at ten millions of dollars, divided 
into shares of one hundred dollars each. This 
company is the present owner of the mine. Until 
within a short period, the superintendence of the 
mine was, for the new company, under Mr. Samuel 
F. Butterworth, a man of culture, of refinement, 
and of great ability; and in the management of the 
affairs of the company gave ample proof thereof. 

The Guadalupe mine is situated about four miles 
northwest of the New Almaden, and is now owned 
by the "Santa Clara Mining Association," of Balti- 
more, the officers of which are as follows: Robert 
D.Cullen, President; T. S. Bonner, Vice-President; 
James Thomas Brown, Superintendent. There are 
rich lodes in this mine, dipping to the southeast, 
deeper down than the present machinery is capable 
of keeping dry. At the bottom of the mine a lode 
of over four hundred feet in length has been 



414 HISTORY OF SAN JOSfi 

worked in four different places. The prospects 
are, if this mine be properly worked, that it will 
exhibit a wealth of metal not surpassed by any. 

The amount now obtained from it is small in 
comparison with the yield of the New Almaden. 
There is not so much to interest the reader in its 
history as in that of the former mine; S.nd I have, 
therefore, not thought it expedient to detail it. 



AND SURROUNDINGS. 415 



CHAPTER XXYI. 

Mlissions of Santa Clara and San Jose.— Santa Clara 
College, and. TJniversity of the I'acific. 

Comandante of San Diego and Father Peria make the first Visit to Santa 
Clara Valley in 1776 ; their Visit to San Francisco. — Father Pena 
returns to Santa Clara ; he Builds a Cross, and says the first Mass 
under it. — Founding of Santa Clara Mission.— Death of Father 
Murguia. — Dedication of Mission Church. — Vancouver's Visit to, 
and Description of, the Mission. — Earthquakes. — Building of the 
present Mission Church. — Description of the Mission by a Spanish 
writer in 1822. — Population and Stock of Missions in 183-4 and 
1842. — Description of Missions by De Mofras. — Colonization of 
California. — Laws and Regulations of Secularization of the Mis- 
sions. ^Possession by the Priests under United States authority. — 
Possession of Santa Clara Mission by Redman and Clayton ; 
Siiits by and against them. — Missions Confirmed to Roman Cath- 
olic Chiirch. — Opinion of Court on the Nature of Missions. — 
Santa Clara College. — San Jose Mission. — Univei'sity of the 
Pacific. 

Don Fernando Rivera, Comandante at San 
Diego, received a letter, in the month of Septem- 
ber, 1776, from his excellency the Viceroy at the 
city of Mexico, which appeared to sting his con- 
science a little, from a neglect of duty. His ex- 
cellency informed the distant military gentleman, 
commander over a wide domain; but of few soldiers, 
that he had understood that two Missions by the 
bay of San Francisco had already been founded. 



416 HISTORY OF SAN JOSfi 

As the Comandante was more ignorant of the 
jorogress of the northern part of his territory than 
he should have been; and as he had the twelve 
soldiers who were to be the guards of the two Mis- 
sions, if established, he doubtless felt not a little, 
chagrined. 

He was not long in preparing for the journey, 
whereby he might learn the true state of facts per- 
taining to the surroundings of the bay. Having 
everything in readiness, he set out with his twelve 
soldiers for the north, and after many days' travel 
reached Monterey, where he was informed that 
the Mission of San Francisco had been founded, 
but no other in this section. In order to assist in 
the establishment of the second, he was accom- 
panied by Father Tonias de la Peiia, one of the 
two ministers who had been designated for that 
purpose. The Comandante, the Father, and their 
escort of soldiers, proceeded by land to San Fran- 
cisco. As they reached the site where the Mission 
of Santa Clara is situated, they were highly pleased 
with the surroundings ; and were not long in deter- 
mining that it was a most desirable location for a 
Mission. After sufficiently surveying the premises, 
they continued their journey to San Francisco, 
reaching there on the 26th of November. Father 
Peiia remained at the Mission, but the Comand- 
ante, as was natural, wished to visit the Presidio, 
which he did. On the 30th, the latter returned 
to San Carlos Mission, at Monterey, for the purpose 



AND SURROUNDINGS. 417 

of sending Father Joseph Murguia, with the escort, 
and the necessary articles requisite in founding the 
new Mission in San Bernardino valley, now Santa 
Clara. All the preparations were at the Mission 
of San Carlos. 

In the latter part of the month of December, 
some of the soldiers and their families, who were 
to assist at the founding of the new Mission, arrived 
at San Francisco; and on the sixth day of January, 
Father Peiia, the Lieut. -Commandant of the Pre- 
sidio, the soldiers and their families, went forth 
through the valley to find the selected spot, to 
erect a new temple in the name of Christianity 
and humanity. Having reached their place of 
destination, the first act they performed was to 
erect a cross, which was blessed and adored (hen- 
dita y adorado) . Under the arms of it was raised 
an altar ; and, on the twelfth of Januar}^, a. d. 
1777, Father Tomas de la Peiia by that cross said 
the first mass ever uttered in this valley. It was 
to the aborigines a novel sight, doubtless; but one 
to which they soon became accustomed, by the 
exceeding great industry and patience of the good 
Fathers. Within a few days thereafter, they were 
joined by Father Murguia and escort, with all the 
articles required for the commencement of the new 
settlement in the work of salvation. 

After the parties had become rested from the 
fatigue of their journey, and everything was in 
readiness, the formal ceremony of founding the Mis- 

27 



418 '" HISTORY OF SAN JOSE 

sion of Santa Clara,* took place on the eighteenth 
day of January, ITTTf. Thus dates the first set- 
tlement in this beautiful valley. The names of 
Fathers Peiia and Murguia will ever be held in 
grateful remembrance for their toils and patience, 
in the good work of Christainity,. "in a corner of 
the earth *' inhabited by none but the uncivilized. 
Full of the love of Faith; deeply sensible of the 
magnitude of their undertaking; devoted to the 
cause of the Christian religion; with willing 
hearts they relinquished the comforts of an Euro- 
pean life, the pleasure of cultivated societies, 
to direct their ambition, as shepherds, to gather 
into the folds of religion, the wild and unculti- 
vated flocks. 

A little more than seven years had elapsed, 
when Father Junipero Serra, President of the 
Missions of California, becoming somewhat feeble 
from age, but having some unoccupied time, 
thought best to visit the several Missions, and 
give his last confirmations; and also, to dedicate 
the Mission of Santa Clara, having been invited to 
perform that ceremony by the ministers thereof. 
The sixteenth of May, 1784, had been designated 
as the time at which the imposing ceremony should 
be performed. He visited this Mission for a day 
or two about the first of May, and passed on to 

*Subsequeiitly called by the Indians, Thamlena. 
tLife of Fr. Junipero Serra, by the Kev. Francisco Palon, 1787, 
Mexico. 



AND SURROUNDINGS. ^ 419 

San Francisco, on the fourth of that month, with- 
out making any confirmations, intending to do so 
on his return, at the day appointed. He ai'rived 
at San Francisco without any particuhxr change in 
his health, being accompanied by Father Palou. 
Within a few days, a messenger arrived with the 
intehigence that Father Murguia was quite ilL 
Father Palou, receiving a blessing from the vener- 
able prelate, started immediately for Santa Clara 
Mission, and, on his arrival, found Father Murguia 
exceedingly low with a fever. The latter con- 
tinued fniling, until the eleventh of May, when 
his spirit ascended to Him who gave it. Father 
Junipero Serra did not attend the funeral, on ac- 
count of his feebleness. The Padrino of the dedi- 
cation of the church, having invited the Governor 
of the Territory, Don Pedro Pages, to attend the 
ceremony, he, in company with Father Junipero 
Serra, proceeded to Santa Clara Mission, arriving 
on the fifteenth. When the good Fathers met, 
they were so overcome by the death of their 
brother Murguia, they could not give utterance to 
a single word, but clasped each other, in silent 
and manful embrace. It was, indeed, sad to lose 
one of their number in this unsettled and un- 
civilized country, far away from their home, where 
so very few intelligent beings were gathered to 
toil unceasingly.* 

On the following .day, the sixteenth of May, at 
two o'clock, p. M., the ceremony of dedication, 

*Life of Father Palou, by Father Junipero Serra, page 267. 



420 ^ HISTORY OF SAN JOSfi 

according to the Roman ritual, commenced. All 
the neophites, many of the unchristianized In- 
dians, the troops, and many people from the 
Pueblo of San Jose, were present to witness the 
imposing scene. The next day, Sunday, the ven- 
erable Father Serra chanted mass, which produced 
a very deep and solemn impression upon the con- 
gregation. The death of Father Murguia, the 
principal minister of the Mission, but a few days 
prior thereto, the presence of the aged Father, 
with almost one foot in the grave; his saddened 
face crowned with hoary locks; his known piety 
and goodness; his solemn accents rendered to the 
Almighty, seemed to bring to the mind of every 
being present, reflections on the uncertainties of 
this world, and tlie necessity of bemg prepared to 
meet the next. He confirmed on that day those 
who had been prepared for it. 

Tlie vacancy occurring by the death of Father 
Murguia was filled by Friar Diego Noba, one of 
the supernumaries at Monterey. 

The venerable and pious Father, Junipero Serra, 
died at Monterey, at two o'clock, a. m., on Satur- 
day, St. Augustine's day, (August 28th,) 1784, and 
was buried on the following day. His age was 
seventy years nine months and four days. Before 
he was called away, he had the gratifying consola- 
tion of knowing that all work here among the 
savages had not been in vain.. He had witnessed 



*• 



AND SURROUNDINGS. 421 

at the Mission of Santa Clara, six hundred and 
sixty-nine baptisms.* 

It will be interesting to the reader to peruse 
a brief account of a visit made by the famous 
voyager, Capt. Vancouver, to the Mission, in the 
Last century. Having left San Francisco on the 
twentieth of November, 1792, for Santa Clara, he 
observes: ''Soon afier dark, we reached Santa 
Clara Mission. Our journey, except through the 
morass, had been very pleasant and entertaining, 
and our reception at Santa Clara, by the hos- 
pitable Fathers of the Mission, was such as excited 
in every breast the most lively sensations of grati- 
tude and regard. • Father Toma de la Peiia ap- 
peared to be the principal of the Missionaries. 
The anxious solicitude of this gentleman, and of 
his colleague, Father Joseph Sanchez, to antici- 
pate all our wishes, unequivocally manifested the 
principles by which their conduct was regulated. 

'' The buildings and offices of this Mission, like 
those of San Francisco, form a square, but not 
an entire enclosure. It is situated in an extensive 
fertile plain, the soil of which, as also that of the 
surrounding country, is a rich, black, productive 
mold, superior to any I had before seen in 
America. 

" The church was long and lofty, and as well 
built as the rude materials of which it is composed 
would allow, and compared with the unimproved 

*Life of Father Junipero Serra, by Father Palou. 



^ 



t 

422 HISTORY OF SAN JOSfi 

state of the comltry, was infinitely more decorated 
than might have been reasonably expected. 

" Apartments within the square in which priests 
resided, were appropriated to a number of young 
female Indians, and the like reasons were given as 
at San Francisco, for their being so selected and 
educated. Their occupations were the same, 
though some of their woolen manufactures sur- 
passed those we had before seen, and wanted only 
the operation of fulling, with which the Fathers 
were unacquainted, to make them very decent 
blankets. The upper story of their interior oblong 
square, which might be one hundred and seventy 
feet long, and one hundred broad, was made use 
of as granaries, as were some of the lower rooms; 
all of which were well stored with corn and pulse 
of different sorts; and, besides these, in case of 
fire, there were two spacious warehouses' for the 
reception of grain, detached from each other, and 
the rest of the buildings erected at a convenient 
distance from the Mission. These had been re- 
cently furnished, contained some stores, and were 
to be kept constantly full, as a reserve in the 
event of such a misfortune. " 

" The maize, peas and beans, are sown in the 
spring months, and succeed extremely well, as do 
hemp and flax, or linseed. The wheat affords in 
general, from twenty-five to thirty for one, accord- 
ing to the seasons, twenty-five for one being the 
least return fvom their fields, notwithstanding the 



AND SURROUNDINGS. 423 

enormous waste occasioned by their rude method 
of threshing, which is always performed in the 
open air by the treading of cattle. Neither barley 
nor oats were cultivated. As the superior grains 
could be cultivated with the same labor that the 
inferior ones could, they had sometime ago de- 
clined the cultivation of them. 

" Here were planted peaches, apricots, apples, 
pears, figs and vines, all of which, except the 
latter, promised to succeed very well. The failure 
of the vine here, as well as at San Francisco, is 
ascribed to a want of knowledge in their culture, 
the soil and climate being well adapted to most 
sorts of fruits. The priests had a guard of a cor- 
poral and six soldiers." 

This brief account bears testimony of the kind- 
ness of the Fathers to strangers who chanced to 
visit them; and of their prudence and care for 
the neophites under their protection. 

In 1812, an earthquake cracked the church con- 
siderably, but did not cause any portion of it to 
fall; but in the year 1822, the shock of an earth- 
quake was so severe as to injure the church very 
materially, though it was not thrown down, as has 
been stated; the damage being so great, however, 
that it was thought best to take it down, rather 
than attempt to repair it. In 1825-6, the present 
church at the Mission was constructed. It was 
completed in a remarkably short period, consider- 
in s: the times and circumstances. The whole was 



424 HISTORY OF SAN JOSE 

finished in less than two years. In former times, 
a number of oaks and laurel were o;rowinf>: around 
and near the Mission. The ancient churcJi was 
northeast of the site of the present one, some sev- 
eral hundred yards. 

Brj^ant, in his work on California, has an extract 
from a Spanish writer upon the political and social 
condition of California in 1822. In speaking of 
the Missions, that writer says: "The edifices in 
some of those Missions are more extensive than in 
others, bat in form they are all nearly equal. They 
are all fabricated of mud-bricks, and the divisions 
are according to necessity. In all of them may 
be found commodious habitations for the minis- 
ters, storehouses to keep their goods in, proj^or- 
tional granaries, offices for soap-makers^ weavers, 
blacksmiths, and large pastures, and horse and 
cattle pens, independent apartments for Indian 
youths of each sex, and all such offices as were 
necessary at the time of its institution. Contig- 
uous to, and communicating with the former, is a 
church, forming a part of the edifices of each Mis- 
sion; they are all very proportionable, and are 
adorned with profusion. 

"The Indians reside about two hundred yards 
distant from the abovementioned edifices. This 
place is called the rancheria. Most of the Missions 
are made up of very reduced quarters, built with 
mud-bricks, forming streets; while in others, the 
Indians have been allowed to follow their primi- 



AND SURROUNDINGS. 425 

tive customs — their dwellings being a sort of hut' 
in a conical shape, which at the most do not exceed 
four yards in diameter, and the top of the cone 
may be elevated three yards. They are built of 
rough sticks, covered with bulrushes or grass, in 
such a manner as to completely protect the in- 
habitants from all the inclemencies of the weather. 
In my opinion, these raneherias are the most 
adequate to the natural uncleanliness of the In- 
dians, as the families often renew them, burning 
the old ones, and immediately building others with 
the greatest facility. Opposit-e the raneherias, 
and near to the Mission, is to be found a small 
garrison, with proportionate rooms for a corporal 
and five soldiers with their families. This small 
garrison is quite sufficient to prevent any attempt 
of the Indians from taking effect, there having 
been some examples made, which cause the In- 
dians to respect this small force. One of these 
pickets in a Mission has a double object; besides 
keeping the Indians in subjection, they rim post 
with monthly correspondence, or with an}^ extra- 
ordinaries that may be necessary for government. 
" All the Missions in this California are under 
the charge of religious men of the order of San 
Francisco. At the present time, their number is 
twenty-seven, most of them of an advanced age. 
Each Mission has one of these Fathers for its ad- 
ministrator, and he holds absolute authority. The 
tilling of the ground, the gathering of the harvest, 



426 HISTORY OF SAN JOSfi 

fte slaughtering of cattle, the weavhig, and every- 
thing that concerns the Mission, is under the direc- 
tion of the Fathers, without any other person 
interfering in any way whatever ; so that if any 
one Mission has the good fortune to be superin- 
tended by an industrious and discreet padre, the 
Indians obtain in abundance all the real necessaries 
of life; at the same time, the nakedness and 
misery of any one Mission are a palpable proof of 
the inactivity of its director. The Missions extend 
their possession from one extremity of the territory 
to the other, and. have made the limits of one 
Mission from those of another. Although they do 
not require all this land for their agriculture and 
the maintenance of their stock, they have appro- 
priated the whole; always strongly opposing any 
individual who may wish to settle himself or his 
family on any piece of land between them. But 
it is to be hoped that the new system of illustra- 
tion, and the necessity of augmenting private 
property, and the progress of reason, will cause 
the government to take such adequate measures 
as will conciliate the interests of all." 

In 1823, the Mission of Santa Clara had a popu- 
lation of one thousand three hundred and ninety- 
five. In the year 1834, it possessed one thousand 
eight hundred Indians, thirteen thousand horned 
cattle, twelve hundred horses and mules, fifteen 
thousand sheep, goats, and hogs, and six thousand 
bushels wheat and corn. In 1842, it had three 



AND SURROUNDINGS. . .427 

hundred Indians, one thousand five hundred horned 
cattle, two hundred and fifty horses and mules, 
and three thousand sheep, goats, ^d hogs. 

M. Duflot de Mofras, an attache of the French 
legation at Mexico, was detached from that service 
in 1840, by Marshal Soult, at that time President 
of the Privy Council of Louis Phillipe, for the 
purpose of making a thorough reconnoisance of 
California and Oregon. In 1846, the information 
he gathered was published in Paris, by order of 
the King, in two octavo volumes. In that work 
is given a description of the Mission of San Luis 
Rey. As the regulations of all the Missions were 
the same, and their structures also, wjth slight 
deviations in architectural finish, I will herein give 
his description of that Mission. He thus speaks: 
.''The building is a quadrilateral. The church 
occupies one of its wings ; the facade is ornamented 
with a gallery. The building, raised some feet 
above the soil, is two stories in height. The in- 
terior is formed by a court. Upon the gallery, 
which runs around it, open the dormitories of the 
monks, of the major-domos, and of travelers ; small 
workshops, school-rooms, and store-rooms. The 
hospitals are situated in the most quiet parts of 
the Mission, where the schools are also kept. The 
young Indian girls dwell in the halls, called the 
monastery (elmonjero); and they themselves are 
called nuns (las monjas) ; they are obliged to be 
secluded to be secure from outrage by the Indians. 



428 . . HISTORY OF SAN JOSfi 

Placed under the care of Indian matrons who are 
worthy of confidence, they learn to make cloths of 
of wool, cotton,, and flax, and do not leave the 
monastery until they are old enough to be mar- 
ried. The Indian children mingle in the schools 
with those of the white colonists. A certain 
number, chosen among the pupils who display 
the most intelligence, learn music, chanting, the 
violin, the flute, the horn, the violincello, and other 
instruments. Those who distinguish themselves 
in the carpenter's shop, at the forge, or in agri- 
cultural labors, are appointed alcaldes, or chiefs, 
(overseers,) and charged with the direction of a 
squad of ^workmen. Before the civil power was 
substituted for the paternal government of the 
missionaries, the administrative body of each 
Mission consisted of two monks, of whom the , 
elder had charge of the interior and of the reli- 
gious instruction, and the younger of the agricul- 
tural works. In order to maintain morals and 
good order in the Missions, they employed only so 
many whites as were absolutely necessary, for they 
well knew that their influence was wholly perni- 
cious, and that an association with them only 
developed among the Indians those habits of 
gambling and drunkenness to which they are 
unfortunately too much inclined." * 

" The Indians were divided into squads of labor- 
ers. At sunrise, the bell sounded the angelus, 

* 1 De Mofras, 261, etc. 



AND SURROUNDINGS. 429 

and every one set out for the church. After mass, 
they breakfasted, and then. went to work. At 
eleven they dined and this period of repose ex- 
tended to two o'clock, when they returned tcf 
labor until the evening angelus, one hour before 
sunset. After prayers and the rosary, the Indians 
had supper, and then amused themselves with 
dancing and other sports. Their diet consisted of 
freshbeef and mutton,. as much as they chose ; of 
wheat and corn cakes, and of boiled puddings (or 
porridges) called aide and pinole. They also had 
peas, large or small beans, in all an "almud," or 
the twelfth part of a fanega- a week. For dress, 
they wore a linen shirt, pantaloons, and a woolen 
blanket; but the overseers and best workmen had 
habits of cloth, like the Spaniards. The women 
received every year two chemises, a gown, and a 
blanket. When the hides, tallow, grain, wine, 
and oil were sold at good prices to ships from 
abroad, the monks distributed handkerchiefs, 
wearing apparel, tobacco, chaplets, and glass 
trinkets among the Indians; and devoted the 
surplus to the embellishment of churches, the 
purchase of musical instruments, pictures, sacra- 
dotal ornaments, etc. Still they were careful to 
keep a part of their harvest in the granaries to 
provide for years of scarcity.'*''' 

De Mofras explored this country in the years 
1840, 1841, 1842. 

* 1 De Mofras, 263, 267. 



430 HISTORY OF SAN JOSfi 

In the colonization of California, the method 
was tri-form: The Missions were under the eccle- 
siastical; the Presidios under the military ; and 
"the Pueblos under the civil, authorities of the 
government. They were all established with a 
view to the general advancement of the territory. 
The Missions were chiefly for the civilization of 
the Indians; the Pueblos for the settlement of the 
territory by the whites ; and the Presidios for the 
protection of both. 

The Missions were never intended to be of long 
duration. It was supposed that within a dozen 
years the Indians would 'iiave become so far ad- 
vanced in the art of civilization as would warrant 
their taking position in the ranks of the citizens 
of the nation; and that the Missions as such would 
have been abolished, and towns or pueblos spring 
up in their stead. In the fore part of this century, 
the Cortez of Spain turned its attention to the 
condition and progress of the California Missions, 
receiving therefrom no very gratifying informa- 
tion. Finally, that body in 1813, passed a decree 
that savored of the secularization of the Missions. 
Yet, secularization did not take place. The govern- 
ment of Mexico, however, in 1833, August 17th, 
declared that it would proceed to secularize the 
Missions of Upper and Lower California. 

Article 2d of that law provided that in each of 
said Missions a parish should be established, under 
the charge of a parish priest of the secular clergy, 



AND SURROUNDINGS. 431 

with a salary of from two thousand to two thou- 
sand five hundred dollars per annum, at the dis- 
cretion of the government. They were to exact 
no emolument for marriages, baptisms, burials, of 
any other religious functions. This law contained 
fifteen articles, setting forth the manner of pro- 
ceeding. On the ninth of August, 1834, General 
Figueroa promulgated provisional reguhitions for 
the secularization, agreeable to the* spirit of the 
aforesaid law, and instructions received from the 
supreme government of Mexico. On the third of 
the following November, the California Deputation, 
at Monterey, passed additional regulations per- 
taining thereto. In 1835, November 7th, the 
Congress of Mexico decreed, that until the curates 
mentioned in Article 3, of the law of August, 1833, 
should take possession, the government would 
suspend the execution of the other articles of said 
law, and maintain things in the state they were in 
before said law was enacted. 

It appearing to Gov. Alvarado that the admin- 
istrators in possession of the Missions did not know 
how to act in regard to their dependence upon the 
political government; and the DepartmentalJunta 
not being in session to consult with, respecting the 
necessary steps to be taken under such circum- 
stances, the Governor, January 17th, 1839, dictated 
certain further regulations in regard to the man- 
agement thereof. 



432 HISTORY OF SAN JOSfi 

The Governor having the following year ob- 
served, closely the condition of the Missions, and 
finding that great abuses and losses had occurred, 
provided on the first of March, 1840. that the 
situations of administrators should be abolished in 
the Missions, and in their stead mayor-domos to 
be established. In providing salaries for the 
mayor-domos of the respective Missions, that of 
Santa Clara "^as allowed four hundred and eighty 
dollars per annum, and that of San Jose six hun- 
dred dollars. 

General Micheltorena, having been sent from 
Mexico as Governor of California, as has been 
observed in a former part of this work, issued a 
proclamation, on the twenty-ninth of March, 1843, 
ordering a majority of the Missions to be again 
placed in charge of the priests, in consequence of 
an arrangement entered into between him and the 
different prelates of the Missions. Among the 
number were those of Santa Clara and San Jose. 

The Departmental Assembly, May 28th, 1845, 
declared that some of the Missions should be 
rented, and others should be converted into 
pueblos or towns. Santa Clara and San Jose 
Missions were of the number to be rented. It 
was declared that the renting should take place as 
soon as the difficulties could be gotten over, which 
then existed with respect to the debts which those 
Missions owed. 



AND SURROUNDINGS. 433 

The Assembly, on the third of April, 1846, de- 
creed that if the property on hand was not suffi- 
cient to satisfy their acknowledged debts, attention 
should be had to what the laws determine re- 
specting bankruptcies, and steps should be taken 
accordingly. 

Don Pio Pico, as Governor, had sold some of 
the Missions; and after the Americans had taken 
possession of Monterey, the Departmental Assem- 
bly fled to Los Angeles, and there in session, 
October 20th, 1846, passed a decree annulling all 
sales of Missions made by Pico. October 31st, 
said decree was ordered to be published by Jose 
Maria Flores, who styled himself Governor and 
Commandant-General, ad interim. 

Gen. Kearny, of the U. S. Army, Governor of 
California, ascertaining that many disputes had 
arisen about the right to various Missions, in- 
cluding those of Santa: Clara and San Jose, ordered 
that the Missions should remain under the charge 
of the Catholic priests, as they were when the 
United States flag was first raised in the territory; 
that the priests were to be responsible for the 
preservation of said Missions and property while 
under their charge. He further ordered the Al- 
caldes to remove any persons trespassing or in- 
truding upon them. 

Gen. Jose Castro had given to Father Jose 
Maria Real certain documents, bearing dates 
respectively May 25th and June IGth, 1846, 

28 



434 HISTORY OF SAN JOSfll 

whereby lie purported to authorize him to make 
sales of the Santa Clara Mission lands. Father 
Real communicated with Col. R. B. Mason, U. S. 
Army, and Governor of California, in regard 
thereto. Whereupon, Gov. Mason replied, Jan. 
3d, 1848, to his reverence, declaring that the au- 
thority given by Castro was void, and all sales 
under it null and void. Father Real was then 
minister at Santa Clara Mission. 

The term " Mission" includes only the collec- 
tion of houses, vineyard, and orchards in the 
immediate vicinity of the churches, including the 
stock of cattle and other personal property in the 
possession of the priests, and useful and necessary 
in carrying on the establishment. The " Mission 
lands," lands adjacent and appurtenant to the Mis- 
sions, used by them for grazing purposes, were 
occupied by them only by permission, but were 
the property of the nation, ahd at all times subject 
to grant, under the colonization laws. Such is 
the doctrine laid down in Ritchie's case, 17 How- 
ard, U. S. S. C. 

In 1847, some of the Americans were about to 
squat upon the Mission premises. Gen. Kearny 
hearing of it, sent a detachment of soldiers under 
Capt. (now Gen.) Naglee, to put out the settlers 
and give possession to the priests. In 1849, or 
first part of 1850, Antonio M. Osio, of Monterey, 
went into possession of the orchard, under title 
emanating from the authority of Gen. Castro, in 



AND SURROUxXDlNGS. 435 

1846. Osio rented it out to a Frenchman for 
three years, who remained in possession until 
about November, 1850. He was much annoyed 
by the early settlers, and finding that it would be 
a prQfitless labor to attend to it, abandoned the 
lease. The doors, gates, and other improvements 
which he had placed thereon, he removed. Osio 
w^as then in Monterey, but Father Real was acting 
as his agent. The latter observing the place to 
be in a state of waste, and hearing that some of 
the settlers were preparing to squat on it, called 
upon Mr. Charles Clayton, then Alcalde at Santa 
Clara, and solicited that he shonld place some 
reliable man in possession until Osio should arrive 
from Monterey; observing at the same time that, 
whoever should thus take charge, should have a 
lease from Osio .upon reasonable terms. With 
that understanding, Joel Clayton went into posses- 
sion, and began to make in\provements. Upon 
the arrival of Osio, Mr. Clayton wa^ informed that 
a man in San Francisco had rented the premises, 
and had paid a portion of the rent in advance ; 
that, in consequence thereof, he (Clayton) could 
not obtain a lease,- and that he must surrender 
possession. This he refused to do, unless he was 
first reimbursed for the expenditure he had madl. 
Osio, declining to pay the damages, Clayton re- 
mained in possession. Under a judgment which 
had existed against the Mission, the orchard had 
been sold by the Sheriff, and James F. Reed and 



436 HISTORY OF SAN JOSE 

others claimed the orchard by virtue of that sale. 
Joel Clayton obtained a lease under the Reed 
title. Osio then commenced suit for possession ; 
but before the trial came off, Charles Clayton, 
John H. Watson, James M. Jones, and Joshu^, W. 
Redman purchased a title to the orchard made 
under a sale by Pio Pico, as Grovernor, in 1846, 
to Benito Dias, Juan Castanada, and Larias Anell- 
nas. Charles Clayton, Redman, and others, 
brought suit for possession against Joel Clayton. 
He disclaimed any right to the premises, and a 
writ of restitution was issued, placing plaintiffs in 
possession. Osio instituted suit against the plain- 
tiffs and defendant, charging collusion. The suit 
was tried at San Jose, and Osio obtained judg- 
ment. James M. Jones, being at the time of the 
trial at Sandwich Islands, soon thereafter returned; 
and, appearing in Court, moved for a new trial 
upon the ground of surprise, which motion was 
granted. Upon motion and affidavits, a change of 
venue vyas had, and the cause ordered to Santa 
Cruz to be tried; but Osio having abandoned the 
suit, it was dismissed. Redman and Clayton con- 
tinued in possession, reaping the benefit of the 
orchard, which at that time was very great, as 
fiftiit was scarce and consequently high in price. 

After the Jesuits took the place of the order of 
San Franciscans, Father Nobili was stationed at 
Santa Clara Mission. He instituted suit against 
Redman and Clayton for possession of the orchard. 



AND SURROUNDINGS. 437 

The case was tried in Alameda county, early in 
1855, After plaintiff closed his case, on motion 
of defendant's counsel, a nonsuit was granted. 
Plaintiff appealed to the Supreme Court, and there 
the judgment of the Court below was affirmed. 

In the meantime, Bishop Alemany had filed his 
petition before the Land Commissioners, praying 
for a confirmation of all the Mission property in 
the State, as the property of the Roman Catholic 
Church. His claim was finally confirmed, and the 
land embraced therein patented. Then, R,. A. 
Redman, as administrator of his father's* estate, 
and Charles Clayton, compromised with Bishop 
Alemany; the two former giving a quit-claim to 
the latter of their right to the orchard, and the 
latter giving Redman and Clayton a lease of the 
property for six years, at the rate of one thousand 
dollars per annum. 

Judge Felch, of the California Board of Land 
Commissioners, in delivering the opinion of the 
Board, in the case of the Bishop, states clearly 
the theory of the Missionary colonization, as fol- 
lows : " The Missions were intended, from the 
beginning, to be temporary in their character. It 
was contemplated that in ten years from their first 
foundation they should cease. It was supposed 
that within tlmt period of time the Indians would 
be sufficiently instructed in Christianity, and the 
arts of civilized life, to assume the position and 
character of citizens; that these Mission settle- 



438 HISTORY OF SAN JOSE 

ments would then become Pueblos; and that the 
Mission churches would then become parish 
churches, organized like the other establishments 
of an ecclesiastical character in other portions of 
the , nation where no Missions had ever existed. 
The whole missionary establisliment was widely 
different from the ordinary ecclesiastical organiza- 
tion of the nation. In it the superintendence and 
charge was committed to priests, who were de- 
voted to the special work of Missions, and not to 
the ordinary clergy. The monks of the College 
of San* Fernando and Zacatecas, in whose charge 
they were, were to be succeeded by the secular 
clergy of the national church, the missionary field 
was to become a diocese; the President of the Mis- 
sions to give place to a, hisJwj:); the Mission churches 
to become curacies; and the faithfnl in the vicinity 
of each parish to become the parish worshippers." 

I have thus far shown the theory and the man- 
ner of conducting the Missions; that the great 
body of land used and possessed by them belonged 
to the nation; and that the Missions proper, such 
as buildings, gardens, and orchards have been con- 
firmed to, and are now in, the possession of the 
Roman Catholic Church, under the charge of the 
Bishop. 

Upon the premises of the ancient Mission of 
Santa Clara now stands the Santa Clara College. 
It is under the supervision of the Fathers of the 
Society of Jesus. It was founded in the year 1851, 



AND SURROUNDINGS. 439 

by the Rev. John Nobili, and on the twenty-eighth 
of April, 1855, it was incorporated; receiving 
thereby power to confer degrees, and to possess 
such rights and privileges as other literary institu- 
tions. 

T+ie Rev. A A^'arsi, S. J., is President and Pre- 
fect of Studies, and Rev. Joseph Canedcla, S. J., 
is Vice-President. There are about two hundred 
students in this college. This is one of the finest 
colleges in this State. Its buildings are spacious, 
convenient, and kept in the most cleanly manner. 
I learned from a distinguished Professor of Chem- 
istry, belonging to a Protestant University, that 
Santa Clara College had the best chemical ap- 
paratus for experimenting of au}^ college in the 
United States. 

Father Acolti, now of San Francisco, was form- 
erly attached to the college, and did much to pro- 
mote its welfare. He is an accomplished "scholar, 
a pious man — most social, affable and popular. 

The general character of the Missions having 
been described, it will be unnecessary to go into 
details in regard to the Mission of San Jose. It 
is not now within the limits of Santa Clara county. 
When the Legislature formed the county of Ala- 
meda, in 1853, it excluded that Mission from this 
county. As has b*een herein before stated, the 
Mission of San Jose was founded on the eighteenth 
day of June, 1797. The church of this Mission 
was injured considerably in the years 1812 and 



440 HISTORY OF SAN JOsfi 

1822 bj^ earthquakes. It stood until the year 
1868, when it was torn down. The earthquake in 
October of the latter year made its walls unsafe. 
I have before mentioned, herein, the diversity of 
idioms spoken at this Mission during the period in 
which the work of civilization was going on. • 

About the twentieth of September, 1846, Col. 
J. C. Fremont, by order of General Kearny, took 
possession of the Mission property, and turned the 
same over to Thomas 0. Larkin, to hold for the 
United States. And in the spring of 1848, it was 
transferred by the Government to Father Real. 
In July, 1849, E. L. Beard took possession of the 
same, by some claim obtained under the Mexican 
authorities, but was compelled subsequently to 
surrender it to the church, it having been con- 
firmed to Bishop Alemany, for the benefit of the 
Roman Catholic Church. 

The University of the Pacific (Methodist Epis- 
copal), at Santa Clara, is a flourishing institution. 
New buildings for this college are now in process 
of erection on the grounds purchased for that 
purpose, on the Stockton ranch, midway between 
San Jose and Santa Clara. This University was 
incorporated in the year 1851. Its number of 
professors and teachers are eight. The whole 
number of students in 1868 'and 1869 was one 
hundred and sixty-four. Thirty-four young gen- 
tlemen have graduated at this college, twenty of 
whom received the degree of A.B., and fourteen 



AND SURROUNDINGS. 441 

that of B.S. Seventeen young ladies ha,ve grad- 
uated with the degree of M.S. Eight gentlemen 
have received the degree of A.M. in course.* 

In the year 1858, Thomas H. Laine and John W. 
Owen, constituting the first class graduating in the 
classical course in any college in California, re- 
ceived the degree of A.B. 

The yearly expense per pupil is three hundred 
and twenty dollars. The sessions commence about 
the first of January and first of August. T. H. 
Sinex, D.D., is President of the University. On 
the tenth of September, 1870, at one o'clock p. m. 
the corner-stone of this University was laid. A 
procession was formed at the Methodist Episcopal 
camp-ground, on the Alameda, and proceeded 
thence to the site of the building. Thomas H. 
Laine, Esq., delivered an able address on that oc- 
casion. This institution bids fair to be among the 
finest on the Pacific coast. 

* Eeport of Super. Pub. Instruction of California. 



442 HISTORY OF SAN JOSfi 



CHAPTER XXYII. 

SJ^NTJ^ CLJ^E,^ COUNTY. , 

Area of County; Population in 1852, ^1860, and 1870; Number of 
Children; Rate of Assessment on Property; County Indebtedness; 
Value of Property in the County; Number of Live Stock; Pro- 
ductions. — Angora Goats. — Adajstability of Soil and Climate to all 
Plants. — Health of Climate. — Temperature in each Month. — 
Philosophy of the Pacific Climate. — Climate of Santa Clara 
Valley. — Bayard Taylor's Description of the Valley. 

The county of Santa Clara, embracing a part 
of the great valley which I have already topo- 
graphically described, contains about thirteen 
hundred square miles. The dividing line between 
it and the county of Stanislaus not having been 
definitely surveyed, nothing more than an approx- 
imate estimation can be given of its area. I pro- 
pose now to speak of its population, wealth, 
productions, and climate. 

In 1852, when this county included a part of 
the now Alameda county, its population numbered 
six thousand six hundred and sixty-four. In 1860, 
having the same area as now, it contained eleven 
thousand nine hundred and twelve. The United 
States census taken this year gives twenty-five 
thousand two hundred and sixty-nine inhabitants 
residing in the different townships, as follows : 
twelve thousand three hundred and forty-six, in 



AND SURROUNDINGS. 443 

San Jose; three thousand one hundred and thirty- 
nine in Santa Chira; three thousand and thirty- 
seven in Gih'oy; one thousand eight hundred and 
nine in Fremont; one thousand six hundred and 
four in Almaden ; one thousand two hundred and 
ninety-three in Redwood ; eight hundred and 
seven in Burnett; six hundred and forty-five in 
Milpitas; and five hundred and eighty-eight in 
Alviso. 

There are in the county fifty-five school dis- 
tricts, which is a greater number than any other 
county in tlie State has, except San Francisco. 
There are six thousand one hundred and eighty- 
eight scholars between five and fifteen years; 
three thousand and eighty of whom are boys. 
There are three thousand one hundred and seventy 
children under the age of five. There are one 
thousand scholars in private schools between five 
and fifteen years. The number of children in this 
county exceed that of any other, except San 
Francisco. 

The amount of property assessed in this county 
exceeds in value that of any other, except San 
Francisco. 

The rate of assessment this year was two dollars 
and thirty-seven and one half cents on a hundred 
dollars, apportioned as follows: State purposes, 
eighty-six and one half cents; current expense 
fund, seventy cents ; road fund, thirty cents ; school 
fund, twenty-five cents; infirmary' fund, ten cents; 



444 HISTORY OF SAN JOSfi 

interest tax fund (West. P. R. R.) nine cents; in- 
terest tax fund, (San Francisco and San Jose 
R.R.) six cents; bounty fund, (squirrel and gopher) 
one cent. 

The farming and pasture lands are not assessed 
over about one fourth their value; and city prop- 
erty one half. The taxes in the city of New York 
amounts to one per cent, on the full value, which 
makes them about equal to the taxes here. 

One hundred and thirty thousand dollars will 
cover the indebtedness of the county. It is true 
that the county owes one hundred and fifty thou- 
sand dollars for railroad stock ; but the stock is 
worth the amount. The bonds of the. county are 
at par. No county in the State, and scarcely any 
in the United States, can exhibit so fair a fiscal 
record. It is the wealthiest county in the State, 
except San Francisco. 

The value of property is estimated at forty mil- 
lion dollars, a little over one fifth of which is in 
personal estate. 

The number of live stock is as follows: Eight 
thousand and thirty two horses, two hundred and 
seventy-eight mules, seven thousand four hundred 
and eighteen cows, three hundred and ninety-two 
work oxen, fifteen thousand and forty-five stock 
cattle, eleven thousand five hundred and sixty- 
seven sheep, and forty-six thousand nine hundred 
and forty-seven hogs. 



AND SURROUNDINGS. 445 

The productions this year are as follows: One 
million one hundred and fifty-five thousand eight 
hundred and sixty-nine bushels wheat, fourteen 
thousand three hundred and twenty-nine bushels 
oats, three hundred and ninety-one thousand four 
hundred and nine bushels barley, twenty-seven 
thousand nine hundred and seventy bushels corn, 
one thousand five hundred and forty bushels rye ; 
besides, thirty-one thousand seven hundred and 
sixty-nine bushels Irish potatoes and one hundred 
bushels sweet potatoes, one hundred and forty-two 
thousand two hundred pounds wool, seventy-six 
thousand one hundred and fifty gallons wine, one 
hundred and seventy-four thousand three hundred 
and ninety-one pounds butter, five hundred and 
forty-nine thousand two hundred and ninety pounds 
cheese, one hundred and twenty-six thousand two 
hundred and sixty-five gallons milk, forty-six thou- 
sand and sixty tons hay, seventy-two thousand nine 
hundred and forty pounds of fruits, ten thousand 
and twenty-one pounds peas and beans, one hun- 
dred and nine thousand seven hundred and thirty- 
nine pounds garden products, ninety-four thousand 
pounds hops, one .thousand nine hundred and 
twenty pounds honey. 

The experiments in raising the silkworm and the 
mulberry tree have proved that me climate and 
soil is well adapted to both, and it is estimated 
that silk can be manufactured here for less money 
than it can be exported under the present tariff. 



446 HISTORY OF SAN JOSE 

The experiment also in raising the Angora goat has 
proved successful beyond expectation. The length- 
and softness of the hair is attributable to the cli- 
mate. If the animal is kept any length of time in 
Europe its hair loses its softness, and does not 
grow to the same length. Here, the climate is so 
well adapted to the animal that not only does the 
hair retain its lustre and softness, but the animals 
produced surpass in every way those imported from 
Angora. Their hair is softer, having more lustre 
and grows to a greater length. Their constitution 
is healthy, and their bodies larger. The raising of 
this class of animal cannot be otherwise than 
profitable. Its beautiful silky hair is manufactured 
into the style of goods known as mohair; and in 
the East, the Oriental morocco leather is made of 
the skin. 

The climate and soil are wonderful in their sup- 
port of vegetation. They are less selfish than 
man, for they refuse no plant the privilege of 
flourishing freely and luxuriantly, be it from Africa, 
China, Greenland, or any other habitable part of 
the globe. As one views the varied host of plants 
it really appears to him as though Nature had 
called a convention of the vegetable kingdom, 
without exception to color, and seeing the har- 
mony which prevails, she has concluded not to 
send them back; but bids them stay, flourish, fruc- 
tify, beautify their adopted home, and consider 
themselves naturalized. Ever}^ plant, from the 



AND SURROUNDINGS. 447 

tropic to the pole, flourishes here. The pahi:, 
which belongs to the hot countries ; the fig and 
olive, of the milder climate; and the fir, pine, 
beach and maple, of the northern clime, all live 
here in health as though indigenous. 

There is no part of the Slate, probably, where 
the chmate is more healthy and agreeable the year 
round than in this valley. I do not mean to say 
that there are no disagreeable days here, but as 
few as in any other location. San Rafael and 
Santa Barbara have often been spoken of as hav- 
ing the most agreeable climate in the State. A 
physician not long ago observed to me that he had 
experienced a hotter day at San Rafael than ever 
in San Jose, and that he had observed in Santa 
Barbara in the month of November a colder and 
more disagreeable day than ever in San Jose. His 
residence had been of sufficient length in this val- 
ley to be able to speak of its climate. 

There is no climatic disease here. This remark, 
however, applies generally to the State; yet, per- 
haps, there are some locations of which it 'is not 
quite true. There is less fog here during the year 
than in most any other town in the State. The 
amount of rain here per annum is, on an average, 
about sixteen inches. In San Francisco, about 
twent3^-one inches and forty-one hundredths. In 
Astoria, eighty-six inches and thirty-five hun- 
dredths, and in New York, forty-three inches and 
sixty-five hundredths. 



448 HISTORY OF SAN JOSfi 

As an illustration of the character of this cli- 
mate, I give the following statement of a monthly- 
average of the temperature, taken from thermo- 
metrical observations made by Mr. Jackson Lewis, 
in San Jose, three times a day, for the period of 
one year, commencing with the month of June, 
1850, and ending with May, 1851: 

1850. 6 A.M. 12% P.M. 6 P.M. 

deg. deg. deg. 

"June 52.40 77.03 60.40 

" July 55.32 81.71 64.84 

*' Aug 53.16 83.74 64.87 

"Sept 55.63 79.17 65.10 

" Oct 46.48 74.68 63.06 

" Nov 34.40 59.77 52.30 

" Dec 36.61 53.68 45.26 

1851 Jan.. 36.68 54.42 48. 

" Feb 38.93 58.32 48.61 

"March 39.99 62.58 51.29 

" April.. 50.37 69.23 54. 

" May 48.26 69.90 54.97 

It is somewhat difficult for the people abroad to 
form correct notions in regard to the California 
climate; more properly said, climates. ]^o other 
part of the United States can exhibit so many 
climates within the same area. The people in the 
East, find by conversing with Californians from 
the various parts, that the statements are in con- 
flict, one with the other! Strangers, soon after 
their arrival here, ascertain that the i|othermal 
lines run north and south; that latitude does not 
indicate, the temperature, but rather the proximity 



AND SURROUNDINGS. 449 

to the ocean. These isothermal lines exemplify how 
httle the temperature of a given locality depends 
upon its distance from the equator. 

Let us examine into the philosophy of the Pacific 
climates. I cannot do better than use the very 
language of Lieutenant Maury. He says: "The 
calm and trade-winds regions, or belts, move up 
and down the earth, annually, in latitude nearly 
a thousand miles. In July and August, the zone 
of equatorial calms is found between seven des:. 
north and twelve deg. north; sometimes higher; 
in March and April, between latitude five deg. 
south and two deg. north. With this fact, and 
these points of view before us, it is easy to per- 
ceive why it is that we have a rainy season in 
Oregon, a rainy season and a dry season in Cali- 
fornia, another at Panama, two at Bogota, none in 
Peru, and one in Chili. In Oregon it rains every 
month, but about times five more in the winter than 
in the summer months. The winter there is the . 
summer of the southern hemisphere, when this 
steam-engine is working with the greatest pres- 
sure. The vapor that is taken by the southeast 
trades is borne along over the region of northeast 
trades to latitude thirty-five or forty deo-. north 
where it descends and appears on the surface with 
the southeast winds of those latitndes. Driving 
upon the high lands of the continent, this vapor 
is condensed and precipitated, duriiig this part of 
the year, almost in constant showers, and to the 



450 HISTORY OF SAN JOSE 

depth of about thirty inches in three months. In 
the winter, the cahii belt of Cancer approaches the 
equator. This whole system of zones, viz.: of 
trades, calms and westerly winds, follows the sun; 
and they of our hemisphere are nearer the equator 
in the winter and spring months than at any other 
season. The southeast, winds commence at this 
season, to prevail as far down as the. lower part of 
California. In winter and spring, the land in Cal- 
ifornia is cooler than the sea air, and is quite cold 
enough to extract moisture from it. But in sum- 
mer and autumn the land is the warmer, and can- 
not condense the vapors of water held by the air. 
So the same cause which made it rain in Oregon, 
now makes it rain in California. As -the sun re- 
turns to the north, he brings the calm belt of 
Cancer and the northeast trades along with him ; 
and now, at places where, six months before, the 
southwest winds were the prevailing winds, the 
northeast trades are found to blow. This is the 
case in the latitude of California. The prevailing 
winds, then, instead of going from a warmer to a 
cooler climate, as before, are going the opposite 
way. Consequently, if, under these circumstances, 
they have the moisture in them to make rains of, 
they cannot precipitate it. Proof,'if proof were 
wanting, that the prevailing winds in the latitude 
of California are from the westward, is obvious to 
all who cross the Rocky Mountains or ascend the 
Sierra Madre." 



AND SURROUNDINGS. 451 

The winds, then, we perceive, which modify the 
.climate, come from the Pacific; and any given 
locality receives the breeze in proportion as the 
depression of the land between it and the ocean 
gives free circulation. In the summer months, it 
comes with great force through the Golden Gate, 
rushing against the hills in Alameda county; thence 
deflecting and puffing gently over the valley of 
Santa Clara from the northwestward. 

And, thus, while many other valleys are panting 
in the noontide heat, and San Francisco is wrapped 
in the chilly blast from the sea, Santa Clara Valley 
is gently fanned with delicate winds that come 
stealthily over the bay, and seem prepared from 
prescriptions of Nature's physician, to temper just- 
ly the climate for the health and pleasure of man. 

It will be of more than ordinary interest to the 
reader to peruse and meditate upon the opinion of 
the distinguished traveler and author, Bayard 
Taylor, in his description of this valley. In num- 
ber five of his "Pictures of California," he thus 
writes: ''How shall I describe a landscape so unlike 
anything else in the world; with a beauty so new 
and dazzling, that all ordinary comparisons are 
worthless ? A valley ten miles wide, through the 
centre of which winds the dry bed of a winter 
stream, whose course is marked with groups of 
giant sycamores, their trunks gleaming like silver 
through masses of glossy foliage; ovei the level 
floor of this valley parklike groves of oaks, whose 



452 HISTORY OF SAN JOSfi 

mingled grace and majesty can only be given by 
the pencil ; in the distance, redwood rising like 
towers; westward, a mountain chain, nearly four 
thousand feet in heiglit, showing through the blue 
haze dark green forests on the back ground of 
blazing gold ; eastward, another mountain chain, 
full-lighted by the sun, rose color touched with 
violet shadows, shining with marvelous transpa- 
rency, as if they were of glass, behind which shone 
another sun ; overhead, finally, a sky whose blue 
lustre seemed to fall, mellowed, through an inter- 
vening veil of luminous vapor. No words cati 
describe the fire and force of the coloring — the 
daring contrast which the difference of hcilf a tint 
changed from discord into harmony. Here the 
Great Artist seems to have taken a new palette, 
and painted his creation with hues unknowai else- 
where. Driving along through these enchanting 
scenes, T indulged in a day-dream. It will not be 
long, I thought — I may live to see it before my 
prime of life is over — until San Jose is but five days 
journey from New York. Cars, which shall be, in 
fact, traveling hotels, will speed on an unknown 
line of rail from the Mississippi to the Pacific. 
Then let me purchase a few acres on the lowest 
slope of these mountains, overlooking the valley, 
and wdth a distant gleam of the bay; let me build 
a cottage, emboweJed in acacia, and eucalyptus, 
and the tall spires of the. Italian cypress; let me 
leave home when the Christmas holidays are over, 



AND SUEROUNDINGS. 453 

and enjoy the balmy Januarj^s, and Februarys, 
the heavenly Marches and Aprils of my remaining 
years here, returning only when May shall have 
brought beauty to the Atlantic shore! There shall' 
my ros(?s outbloom those of Poestum; there shall 
my nightingales sing, my orange-blossoms sweeten 
the air, my children play, my best poem be 
written. I had another and grander dream. One 
hundred years had passed, and I saw the valley, 
not as now, only partially tamed and reveling in 
the wild magnificence of Nature, but from river- 
bed to mountain-summit, humming with human 
life, I saw the same oaks and sycamores, but 
their shadows fell on mansions, fair as temples, 
with their white fronts and long colonnades. I 
saw gardens refreshed by gleaming fountains; 
statues peeping from the bloom of laurel bowers; 
palaces built to enshrine the new Art which will 
then have blossoms here; culture, plenty, peace, 
happiness everywhere. I saw a more beautiful 
race in possession of this paradise — a race in which 
the lost symmetry and grace of the Greek was 
partially restored; the rough, harsh features of 
the oriental type gone; milder manners, better 
regulated impulses, and a keen appreciation of 
the arts which enrich and embellish life. Was it 
only a dream ? " 

May I not take down that picture from the 
easel as finished ? If I take up the brush, what 
part can I improve in symmetry? What part can 



45-4 HISTORY OF SAN JOSfi 

I finish with a finer lustre, or give a more delicate 
shade ? Well may we say that there is no place 
within the jurisdiction of the United States, 
scarcely any in the world, where man can, so 
many days as here, in the three hundred and 
sixty-five of the revolving year, exclaim, in truth, 
with the poet — 

"Sweet day, so pure, so calm, so bright, 
The bridal of the earth and sky." 



APPENDIX. 455 



APPENDIX NO. 1, 

Spanish Governors — 1767 to 1822. 

Gasper de Portala, from 1767 to 1771. 

Felipe Barri, from 1771 to December, 1774. 

Felipe de Neve, from December, 1774, to Sep- 
tember, 1782. 

Pedro Fages, from September, 1782, to Septem- 
ber, 1790., 

Jose Antonio Romen, fi;om September, 1790, to 
April, 1792. 

Jose Joaquin de Arrillaga, from April, 1792, to 
May, 1794. 

Diego de Borica, from May, 1794 to 1800. 

Jose Joaquin de Arrillaga, from 1800 to 1814. 

Jose Arguello, from 1814 to 1815. 

Pablo Vincente de Sola, from 1815 to Novem- 
ber, 1822. 

Mexican Governors — 1822 to 1846. 

Pablo Vincente de Sola, from November, 1822, 
to 1823. 

Luis Arguello, from 1823 to June, 1825. 

Jose Maria Echeandia, from June, 1825, to Jan- 
uary, 1831. 



456 HISTORY OF SAN JOSfi 

Manuel Victoria, from January, 1831, to Janu- 
ary, 1832. 

Pio Pico, from January, 1832, to January, 1833. 

Jose Figueroa, from January, 1833, to August, 
1835. 

Jose Castro, from August, 1835, to January, 
1836. 

Nicolas Gutierrez, from January, 1836, to May, 
1836. 

Mariano Chico, May, 1836, to 1836. • 

Nicolas Gutierrez, from 1836 to 1836. 

Juan B. Alvarado, from 1836 to December, 
1842. 

Manuel Micheltorena, from Decemb^, 1842, to 
February, 1845. ^ 

Pio Pico, from February, 1845, to July, 1846. 

American Military Governors — 1846 to 1849. 

Commodore John D. Sloat hoisted the Ameri- 
can flag at Monterey, July 7, 1846, and by proc- 
lamation took formal possession of California, in 
the name of the United States Government. 

Commodore Robert F. Stockton. Proclamation 
dated at Los Angeles August 17, 1846. 

Colonel John C. Fremont. Appointed by Com- 
modore Stockton, January, 1847. 

General Stephen W. Kearny. Proclamation 
dated at Monterey, March 1, 1847. 

Colonel Richard B. Mason. Proclamation dated 
at Monterey, May 31, 1847. 



APPENDIX. 457 

General Bennet Riley became Militarj^-Gov- 
ernor, April 13, 1849. 

The treaty ceding California and New Mexico to 
the United States was dated at the City of Guad- 
alupe Hidalgo, February 2, 1848; exchanged at 
Queretero, May 30, 1848; ratified by the Presi- 
dent, March 16, 1848; and proclaimed by the 
President, July 4, 1848. The State Constitution 
adopted November, 1849, went into effect Decem- 
ber 15, 1849. 



458 HISTORY OF fAN JOSfi 



APPENDIX NO. 2. 

1845. — Antonio Maria Pico, First Alcalde. 

1846. — Dolores Pacheco, First Alcalde; Pedro 
Chabolla, Second Alcalde; John Burton (after 
July) First Alcalde; James Stokes (after middle 
of July,) Justice of the Peace. 

1847. — John Burton, First Alcalde. * 

1848. — Charles White, First Alcalde; James W. 
Weeks, Second Alcalde. 

1849. — H. K. Dimick, to August, First Alcalde; 
Richard M. May, from August to November, First 
Alcalde; John C. Corfroy, from November, First 
Alcalde; Jose Fernandez, Second Alcalde; John 
T. Richardson, ftom November 2d to December 
3d, Judge of First Instance; Wm. M. Kinkaid, 
from December 3d, Judge of First Instance. 

1850.— John C. Conroy, First Alcalde; Wm. M. 
Kinkaid, Judge of First Instance. 

Mayors of tlie city of San Jose from 1850 to 
1870: Josiah Belden, from April 1850, to 1851; 
Thomas White, from April, 1851 to 1854; 0. H. 
Allen, from December, 1854 to 1855; S. 0. 
Houghton, from April, 1855 to 1856; Lawrence 
Archer, from April, 1856 to 1857. 



APPENDIX. 459 

Board of Trustees, with a President: R. G. 
Moody, President from April 20th, 1857, to 1858; 
P. 0. Minor, President from April 19th, 1858, to 
1859. 

Thomas Fallon, Mayor from April, 1859 to 
1860; R. B. Buckner, Mayor from April, 1860 to 
1861; Joseph W. Johnson, Mayor, from April, 
1861 to 1863; J. A. Quimby, Mayor from April, 
1863 to 1868; Mark Leavenworth, Mayor from 
1868 to 1870; Adolph Pfister, present Mayor. 



460 HISTORY OF SAN JOSfi 



APPENDIX NO. 3. 

[See California Archives, "Vol. 1, Missions and Colonization, page 
732, 762 (also page 746); 1 Eockwell, 445; Halleck's Report, Ex. Doc. 
No. 17, 1st sess., 31st Cong., H. of Rep., pages 134-139.] 

Extract from regulation?, for the, Governriient of the 
Province of CaUfornia, hj Don Felii^e Be Neve, 
Governor of the same, dated in the royal presidio of 
San Carlos de Monterey^ 1st June^ 1779, and 
approved hy his Majesty in a royal order of the 24:th 
October, 1781. 

TITLE THE FOURTEENTH — POLITICAL GOVERNMENT AND 
INSTRUCTIONS RESPECTING COLONIZATION. 

Section 1. The ojDJect of greatest importance 
towards the fulfihiient of the pious intentions of the 
King our master, and toward securing to his 
Majesty the dominion of the extensive country, 
which occupies a space of more than two hundred 
leagues, comprehending the new establishment of 
the presidios and the respective ports of San Diego, 
Monterey and San Francisco, being to forward the 
reduction of, and, as far as possible, to make, this 
vast country (which, with the exception of seven- 
teen hundred and forty-nine Christians of both 
sexes in the eight missions on the road, which 
leads from the first to the last-named Presidio, is 
inhabited by innumerable Heathens) useful to the 



APPENDIX. 461 

State, by erecting Pueblos of white people (pueb- 
los de gente de razon), who, being united, may 
encourage agriculture, planting, the breeding of 
cattle, and successively the other branches of 
industry, so that some years hence their produce 
may be sufficient to provide garrisons of the 
Presidios with provisions and horses, thereby ob- 
viating the distance of transportation and the risks 
and losses which the royal Government suffers 
thereby. 

With this just idea, the Pueblo of San Jose has 
been founded and peopled and the erection of 
another is determined upon, in which the colonists 
(pobladores) and their families from the provinces 
of Sonora and Sinaloa will establish tliemselves, 
the progressive augmentation of which, and of the 
t\xmilies of the troops, will provide for the estab- 
lishment of other towns and furnish recruits for the 
presidio companies, thus freeing the roj^\ revenue 
from the indispensable expense at present required 
for these purposes; and it being necessary to 
establish rules for carrying all this into effect, the 
following instructions will be observed: 

Sec. 2. As an equivalent for the one hundred 
and twenty dollars and rations, which hitherto 
have been assigned yearly to each poblador 
(founder or colonist) for the first two years and 
the rations alone for the following one, calculated 
at a real and a half per diem fr^e, for the threats 
^following ones, they will hereafter receive for each 



11:62 HISTORY OF SAN JOSE 

of the first two years one hundred and sixteen 
dollars and three and a half reals, the rations to be 
understood as comprehended in this amount, and, 
in lieu of rations for the next three years, they 
will receive sixty dollars yearly, by which arrange- 
ment they will be placed on more favorable terms 
than formerly, taking into consideration the ad- 
vance that was charged on what they were paid 
with and the discount on the rations furnished, 
which article they will in future receive at cost 
from the moment that these regulations be ap- 
proved and declared to be in force, it being under- 
stood that the fore-mentioned term of five years, 
as regards this emolument, is to be reckoned from 
the day on which the possession of the house-lots 
and pieces of [cultivable] land (solares y suertes de 
tierras), which are to be distributed to eachpoblador 
in the manner hereafter mentioned, to be given ; and 
the previous time, from the period of their enrol- 
ment, must be regulated according to the terms of 
their respective contracts, and, in order to avoid 
this expense, measures will be taken to have the 
new pobladores collocated and put in possession 
immediately on their arrival 

Sec. 3. To each poblador, and to the commu- 
nity (comon) of the Pueblo, there shall be given, 
under condition of repayment in horses and mules, 
fit to be given and received and in the payment 
cff' the otlier large and small cattle, at the just- 
prices which are to be fixed by tariff, and of the , 



*A 



APPENDIX. 463 

tools and implements at cost as it is ordained, 
two mares, two cows and one calf, two sheep and 
two goats, all breeding animals, and one yoke of 
oxen or steers, one plow-sliare or point, one hoe, 
one cotty (a kind of wooden spade, with a steel 
point), one axe, and one sickle, one wood-knife, 
one musket, and one leather shield, two horses 
and one cargo mule. To the community (comon), 
there shall likewise be given the males correspond- 
ing to the total number of cattle of different kinds, 
distributed amongst all the inhabitants, one seed 
jackass, another common one, and three she asses, 
one boar and three sows, one forge, with its cor- 
responding anvil and other necessary tools, six 
crowbars, six iron spades or shovels, and the 
necessary tools for carpenter and cast work. 

Sec. 4. The house-lots to be granted to the 
new pobladores are to be designated by govern- 
ment in the situations, and of the extent corres- 
ponding to the locality on which the new Pueblos 
are to be established, so .that a square and streets 
be formed agreeable to the provisions of the laws 
of the Kingdom ; (conforme a lo j)revenido por las 
Leyes del Reyno, y con su arrelgo se seiialara 
exido competente para el Pueblo, y Pehesas con 
las tierras de labor que convenga para propios), 
and conformable to the same, competent common 
lands (ejidos) shall be designated for the Pueblo 
and pasture grounds, with the sowing lands tlmt 
may be necessary for municipal purposes (propios). 



464 HISTORY OF SAN JOSfi 

Sec 5. Each suerte of land, whether capable 
of irrigation or dependent on the seasons, (de riego 
de temporale), shall consist of two hundred varas 
in length and two hundred in breath, this being 
the area generally occupied in the sowing of one 
fanega of Indian corn. The distribution, which is 
to be made in the name of the King, our master, 
by the government with equality, and a propor- 
tion to the ground which admits the benefit of 
being watered, so that after making the necessary 
demarcation and reserving vacant (baldios) the 
fourth part of the number which may result, 
counting with the number of pobladores, should 
there be sufficient, each one shall have two suertes 
of irrigable land, and other two of dry ground, 
delivered to him, and of the royal lands (realengas), 
as many as may be considered necessary (conven- 
ientes) shall be separated for the propios of the 
Pueblo, (and those lots of land .reserved for the 
King, (realengas) as many as shall be considered 
necessary, etc.;* and the remainder of these, as 
well as of the house-lots, shall be granted in the 

*A defective translation in section five has produced some confusion. 
The word " realengas— lands belonging to the King," is translated so 
obscurely that it.seems to include all the lands adjacent to the Pueblo 
and not specifically granted. This is not the case. The provision is 
that one fourth of the house-lots and sowing-lots (solares y suertes), 
shall be reserved to the King, and the lots, so reserved to the King, 
(realengas) shall be assigned as propios, or granted to new settlers. 
The original Spanish reads as follows : ' ' Keservando valdias la quarta 
parte del numero que resulte, contando con el numero de Pobladores, 
si alcanzasen, se repartiran a dos suertes a cada uno de regadio, y otros 



' APPENDIX. 465 

name of his Majesty, by the Governor, to those 
who may hereafter come to colonize, and particu- 
larly to those soldiers, who, having fulfilled the 
term of their engagement, or on account of ad- 
vanced age ma}^ have retired from service, and 
likewise to the families of those who mav die; 
but these persons must work at their own expense, 
out of the funds which each of them ought to 
possess, and will not be entitled to receive from 
the royal revenue either salary, rations, or cattle, 
this privilege being limited to those who leave 
their own country for the purpose of settling this 
country. 

Sec. 6. The houses built on the lots granted 
and designated to the new pobladores, and the 
parcels of land comprehended in their respective 
gifts, shall be perpetually hereditary to their sons 
and descendants, or to their daughters who marry 
useful colonists, who have received no grants of 
land for themselves; p'ovic^ecZ, the whole of them 



dos de secadal y de las realengas se separaran las que parecieren con- 
venientes para proinos del Pueblo, y de las restantes se hara merced, ' ' 
etc. There is no colon between " secadal" and"yde las realengas," 
as there is in the translation of Rockwell. Preciselj' the same lan- 
guage, with the same punctuation, occurs in the Instructions for the 
foundation of the "Pueblo de nuestra, Seiiora de los Angeles," dated 
August 26th, 1778, and found in the Archives, vol. 1, Missions and 
Colonization, page 418. Realengas, therefore, refers to the solares and 
suertes so reserved, and to no other lands. That this is so, clearly ap- 
pears fjiOm. the official plan of the Pueblo of San Jose, adoi^ted at its 
settlement, where three lots are marked Eealengo. (California Ar- 
chives, vol. 1, Missions and Colonization, page G84). 
30 



466 HISTORY OF SAN JOSfi 

comply with the obligations to be expressed in 
these instructions; and, in order tliat the sons of 
the possessors of these gifts observe the obedience 
and respect which they owe to their parents, these 
shall be freely authorized, in case of having two 
or more sons, to choose which of them they please, 
being a layman, to succeed to the house and 
suertes of the town ; and they may likewise dis- 
pose of them amongst their children, but not so 
as to divide a single suerte, because each and all 
of these are to remain indivisible and inalienable 
forever. 

kSec. 7. Neither can the pobladores, nor their 
heirs, _ impose on the house or parcel of land 
granted to them, either tax, entail, reversion, 
mortgage, (cento, vinculo, fianza, hipoteca,) or any 
other burden, although [even if] it be for pious 
purposes; and should any one do so in violation 
of this just prohibition, he shall immediately be 
deprived of his property, and his grant shall, ipso 
facto, be given to another colonist who may be 
useful and obedient. 

Sec. 8. The new colonist shall enjoy, for the 
purpose of maintaining their cattle, the common 
privilege of the water and pasturage, fire- wood 
and timber of the common forest and pasture 
lands, to be designated according to law, to each 
new Pueblo, (a provechamiento comun de aguas y 
pastos, leiia y madera del exido y Dehesa que ha 
de senalarse con arrelgo a las Leycs a cada nuevo 



APPENDIX. 467 

pueblo,) and, besides, each one shall privately 
enjoy the pasture of his own land, but with the 
condition that as they have to possess and breed 
all kinds of large and small cattle; and if not 
being possible, that each one can dedicate himself 
to the taking care of the small stock consigned to 
them— as by so doing, they would be unable to 
attendto agriculture and public works — for the 
present, the small cattle, and the sheep and goats 
of the community, must feed together, and the 
shepherd must be paid by such community; and 
with respect to collecting together the large cattle, 
and bringing them to the corral, such as mares 
and asses, as may be required, this must be 
done by two of the pobladores, whom they must 
. appoint amongst themselves, or as they may see 
fit, to look after this business, and thus the cattle 
of different kinds will be taken care of, and freed 
from the risk of running wild, at the same time 
that agricultural and other works of the com- 
munity will be attended to; and each individual 
must take care to mark their respective small 
cattle and brand the large, for w^hich purpose the 
records of the necessary branding irons will be 
made without any charge; but it is ordained that 
henceforth, no colonist is to possess more than 
fifty head of the same kind of cattle, so that the 
utility produced by cattle, be distributed amongst 
the whole of them, and that the true riches of the 
Pueblo be not monopolized by a few inhabitants. 



468 HISTORY OF SAN JOSfi 

Sec. 9. The new colonists shall be free and ex- 
empt from paymg tithes, or any other tax, on the 
the fruits and produce of the lands and cattle given 
to them, provided that within a year from the day 
on which the house-lots and parcels of land be 
designated to them, they build a house in the best 
way they can, and live therein, upon the neces- 
sary trenches for watering their lands, placing at 
their boundaries, instead of landmarks, some fruit 
trees, or wild ones of some utility, at the rate of 
ten to each suerte; and, likewise, open the prin- 
cipal drain or trench, form a dam, and the other 
necessary public works, for the benefit of cultiva- 
tion, which the community is bound particularly 
to attend to; and said community will see that the 
government buildings (casas reales,) be completed 
within the fourth year; and during the third a 
storehouse sufficiently capacious for a public gran- 
ary, in which must be kept the produce of the 
public sowing, which, at the rate of one almud 
(the twelfth of a fanega,) of Indian corn per in- 
habitant, must be made from said third year to 
the fifth, inclusive, in the lands designated for 
municipal purposes (propios,) all the labor of 
which, until harvesting the crop, and putting it in 
the granary, must be done by the community 
comun,) for whose benefit alone it must serve; 
and for the management and augmentation there- 
of, the necessary laws to be observed will, in due 
time, be made. 



APPENDIX. 469 

Sec. 10. After the expiration of the five years 
they will pay the tithes to his Majesty, for him to 
dispose of agreeably to his royal pleasure, as 
belonging solely to him, not only on account of the 
absolute royal patronage which he possesses in 
these dominions, but also because they are the 
produce of uncultivated and abandoned lands, 
which are about to become fruitful at the cost of 
the large outlays and expenses of the royal 
treasury. At the expiration of the said term of 
five 3^ears, the new pobladores and their descend- 
ants will pay, in acknowledgment of the direct and 
supreme dominion which belongs to the sovereign, 
one half of a fanega of Indian corn for each 
irrigable suerte of land, and for their own benefit 
they shall be collectively under the direct obliga- 
tion of attending to the repair of the principal 
trench, dam, auxiliary drains and other public 
works of their pueblos, including that of the 
Church. 

Sec. 11. When the hogs and asses shall have 
multiplied, and the sufficient number of seed asses 
for covering the mares become adopted, ancl it be 
found practicable to distribute these two kinds of 
animals amongst the pobladores, it must be done 
with all possible equality, so that of the first kind 
each one may receive one boar and one sow, and 
of the*"second, one ass, which the owner will mark 
and brand. 



470 HISTORY OF SAN JOSE 

Sec. 12. Witlfin the five years stipulated, the 
new pobladores shall be obliged to possess two 
yoke of oxen, two plows, two points or plow- 
shares, for tilling the ground, two hoes and the 
other necessary implements for agriculture, and by 
the end of the first three years their houses must 
be entirely finished, and furnished, each with six 
hens and one cock; and it is expressly forbidden 
that any one shall, during the forementioned period 
of five years, alienate by means of exchange, sale, 
or other pretext, to kill any of the cattle granted 
to them, or the respective increase thereof, except- 
ing sheep and goats, which, at the end of four 
years, it is necessary to dispose of, or else they 
would die, and therefore they may, at their 
discretion, dispose of as many of these animals as 
arrive at that age, but not of any younger ones, 
under the penalty that whoever shall violate this 
order, made for his own benefit and for the 
increase of his prosperity, shall forfeit %])m facto the 
amount of the rations granted to him for one year; 
and whoever shall receive one more head of such 
cattle 'during the same time, in whatever state or 
condition they may be, shall be obliged to return 
them. 

Sec. 13. At the expiration of said five years, 
the female breeding animal of every kind, except- 
ing swine and asses, of which each poblador is only 
obliged to possess one sow and one ass, male or 
female, being preserved; the yokes of oxen or 



APPENDIX. 471 

steers designated for their agricultural purposes 
being provided, and they being furnished with a 
cargo-mule and necessary horses, they shall be at 
liberty to sell their bulls, steers, foals or horses, 
asses, sheep, castrated goats, and pigs and sows; 
it being forbidden to kill cows (except old or 
barren, and consequently unproductive ones), 
sheep or she goats, which are not above three 
years old, and to sell mares or useful breeding 
females, until each poblador be possessed of fifteen 
mares and one stallion, fifteen cows and one bull, 
twelve sheep and one ram and ten she-goats with 
one buck. 

Sec. 14. No poblador or resident shall sell a 
foal, horse or mule, or exchange them, except 
amongst each other, after they are provided with 
the necessary number, for the remainder must be 
dedicated solely to the purpose of remounting 
cavalry of the presidio troops, and will be paid for 
at the just prices to be established, excepting all 
particularly fine horses or mUles of said pueblos, 
under the penalty of twenty dollars, to be forfeited 
by whomsoever may violate this order. For every 
animal disposed of in any other manner than what 
is here stipulated, the half to be given to the 
informer and the other half to be applied to 
municipal expenses (gastos de republica). 

Sec. 15. The Indian corn, beans, chick-peas 
and lentils, produced by the pueblo (que pro- 
duzcan las cosechas de los pueblos), after the resi- 



472 HISTORY OF SAN JOSfi 

dents have separated what may be necessary for 
their own subsistence and for seed, must be bought 
and paid for in ready money at the prices estab- 
lished, or which may hereafter be established for 
provisioning the Presidio, and from the amount of 
the same there must be d-educted from the amount 
of each poblador such provident sums as may be 
considered proper toward refunding the royal 
revenue the advances made in money, horses, 
cattle, implements, seeds and other articles, so that 
within the first five j^ears the total amount must 
be paid. 

Sec. IG. Each poblador and resident head of a 
family (^secino) to whom house-lots or parcels of 
land may have been, or in future shall be granted, 
and their successors, shall be obliged to hold 
themselves equipped with two horses, a saddle 
complete, a musket, and the other arms already 
mentioned, which are to be furnished them at first 
cost, for the defence of their respective districts, 
and in order that they may (without abandoning 
this first obligation) repair to where the Governor 
may, in cases of urgency, order them. 

Sec. 17. The corresponding titles to heuse-lots, 
lands, and waters, granted to the new pobladors, 
or which inay hereafter be granted to other resi- 
dents (vecinos) shall be made out by the Governor, 
or commissary, whom he may appoint for this pur- 
pose; records of which, and of the respective 
branding-irons, must be kept in the general book 



APPENDIX. 473 

of colonization, to be made and kept in the govern- 
ment- archives, as a heading to which a copy of 
- these instructions shall be placed. 

Sec. 18. And, whereas, it is expedient for the 
good govertiment and police of the Pueblos, the 
administration of justice, the direction of public 
works, the distribution of water privileges, and 
the carrying into effect the orders given in these 
instructions, they should be furnished with ordi- 
nary Alcaldes, and other municipal officers, in 
proportion to the number of inhabitants; the 
. Governor shall appoint such for the first two 
years, and for the following ones, they shall ap- 
point some one from amongst themselves to the 
municipal offices (los oficios de republica) which 
may have been established, which elections are to 
be forwarded to the Governor for his approbation, 
who, if he sees fit, may continue said appointment 
for the three following years. 



474 HISTORY OF SAN JOSfi 



APPENDIX NO. 4, 

Isaac Branham and William L. Smithy Trustees for 
James F. Reed and others, against the Mayor and 
Common Council of the City of Ban Jose, and 
William Daniels, James C. Cohh, and S. 0. Hough- 
ton, Commissioners of the Funded Belt. 

The above entitled cause was instituted in the 
Third Judicial District Court of California, in and 
for the county of Santa Clara ;. and the defendants 
having submitted the case on demurrer, and the 
Court below having sustained the demurrer, plain- 
tiffs appealed to the Supreme Court; whereupon, 
at the April Term, 1864, the judgment of the 
Court below^ was sustained. 

The facts as alleged vo, the complaint, and as 
detailed in the opinion of the Supreme Court, are 
as follows: "By the Constitution the Pueblo of 
San . Jose was declared the seat of f overnment, 
until removed by law. The first session of the 
legislature was held at that place. There was then 
]io building belonging to the State, or the Pueblo 
of San Jose, adapted to the purposes of the legis-* 
lature, and the citizens of the Pueblo petitioned 
the Ayuntamiento or Town Council to procure 
one. This the Ayuntamiento endeavored to do, 
but failed for the w^ant of means and credit. There- 



APPENDIX. 475 

upon, seventeen citizens of the Pueblo purchased 
a lot and building situated within the Pueblo, for 
the accommodation of the legislature. 

In accordance with an understanding to that 
effect, a deed was made to Aram, Belden and 
Reed, in trust for the purchasers, who were to 
convey the property to the Pueblo whenever the 
Pueblo could pay for the same. On the .ninth 
day of April, 1850, the Ayuntamiento purchased 
the premises from Aram, Belden, and Reed, at the 
price of thirty-four thousand dollars, payable 
within six months, with intere^ at six* per cent, 
per month; and, to secure the j^ayment of that 
sum, pledged the State scrip, or temporary loan 
bonds in^the treasury, and the revenues which might 
be raised^ that year by taxation, and mortgaged 
what is known as the Pueblo land^. The first 
legislature met in the building thus purchased by 
the Ayuntamiento, and on the twenty-seventh day 
of March, 1850, it passed an Act incorporating 
the city of San Jose. B}^ the provisions of the 
Act, the city of San Jose succeeded to all the legal 
rights and claims of the Pueblo, and became sub- 
ject to all the liabihties incurred and obligations 
created by the Ayuntamiento. 

The city government was limited in the exercise 
of its municipal powers to the geographical bound- 
aries established by the Act, and over the pueblo 
lands situated outside of those limits the city 
government could exercise no authority, except to 



47G HISTORY OF SAN JOSfi. 

"rent, lease or sell" the same. The City of San 
Jose thus became the successor in interest of the 
Pueblo of San Jose to the lot and building in 
question, on which the purchase money or a part 
of it was still unpaid, and the pueblo lands mort- 
gaged by the Ayuntamiento to secure its payment. 
The city authorities took possession of the lot and 
building, and afterward sold them to the county 
of Santa Clara for the sum of thirty-eight thou- 
sand dollars, payable in three months, with interest 
at the rate of four and a half per cent, per month, 
and directed the proceeds of the sale to be applied 
toward the payment of the debt due to the Trus- 
tees, Aram, Belden and Reed. The moneys, when 
collected from the county, were not so applied, 
but were expended by the city government for 
other purposes. Thereupon the Trustees sued the 
city, and in December, 1850, recovered a judgment 
and a decree of foreclosure of the mortgage ex- 
ecuted by the Ayuntamiento, under which the 
pueblo lands were sold by the Sheriff to Branham 
and White, Trustees, etc., plaintiffs in this action. 
The proceeds of this sale were more than sufficient 
to satisfy the judgment, and tlie same was duly 
satisfied of record and the overplus paid to and 
received by the city. On the twenty-sixth of Ma}^, 
1851, the Sheriff conveyed the pueblo lands to 
the purchasers. After this purchase some dispute 
arose between the city and the purchasers con- 
cerning the lands in question, and the City Coun- 



APPENDIX. 477 

cil, by ordinance, authorized the Mayor to settle 
and arrange the dispute with the purchasers. 
Under this ordinance the Mayor entered into a 
contract with the purchasers on the twelfth of 
June, 1851, whereby, after reciting the purchase 
by the Trustees at the Sheriff's sale, it was agreed 
tliat the Trustees and the Mayor should conjointly 
sell the pueblo lands in such a manner as to realize 
to the Trustees the amount of the purchase money 
paid by them, and all costs and expenses. If the 
money thus realized should prove insufficient for 
that purpose, the city was not to be bound for the 
deficit. If, on the contrary, there should be a sur- 
plus, the same was to be invested for the benefit 
of the city and trustees in a railroad then con- 
templated between San Jose and _San Francisco, 
the same to be invested in the proportion of three 
to one in favor of the Trustees. The contract also 
contained- certain provisions touching "town lots" 
and ''five-hundred-acre lots," and the confirma- 
tion of the pueblo title to the land ; and in con- 
sideration of the covenants of the contract the 
city ratified and confirmed the title acquired by 
the Trustees at the Sheriff's sale, and released to 
them all the right and title which the city then 
had, or might thereafter acquire to the whole or 
any portion of the land. 

This contract was duly ratified by the Common 
Council of the city, and the Mayor was directed 
to carry the same into effect. But the city after- 



478 HISTORY OF SAN JOSfi 

ward refused to do so, and conveyed all the right, 
title and interest in the land to the Commissioners 
of the Funded Debt of the City of San Jose. 

Upon this state of facts the plaintiffs ask for 
various kinds of alternative relief: First, A de- 
cree setting aside the conveyance from the city to 
the Commissioners of the Funded Debt. Second, 
Or, if that cannot be done, a decree for the specific 
performance of the contract of the twelfth of June, 
1851, against the city and the Commissioners, and 
an injunction perpetually restraining them from 
making further sales or conveyances of said lands, 
except in the manner and on the conditions speci- 
fied in said contract of the twelfth of June, 1851 ; 
and also a decree requiring them to account with 
the plaintiffs for all moneys received by them, or 
either of them, from sales of land already made. 
Third, And, inasmuch as the purchase money paid 
by said Branham and White liquidated the debt of 
the city to Aram, Belden and Reed, if for any 
reason it shall be adjudged that the Sheriff's deed 
and the contract of the twelfth of June are in- 
valid, plaintiffs ask that the satisfaction of the 
judgment in favor of Aram, Belden and Reed, 
and against the city, may be set aside, and the 
Sheriff's sale held for naught, and that they be 
subrogated to all the rights which Aram, Belden 
and Reed had in and to said judgment and mort- 
gage prior to the satisfaction thereof, and that they 
have leave to proceed under said judgment, by ex- 



APPENDIX. 479 

ecution or otherwise, to collect the whole of said 
judgment, both principal and interest, with pray§r 
for general relief. 

The Court held that an Ayuntamiento had no 
power to mortgage the lands of the Pueblo, and 
that a mortgage on such lands given by it was a 
nulity; that the agreement made between the 
municipal authorities and the purchasers of the 
pueblo lands was void, because a confirmation of 
a void estate cannot operate in aid of that estate; 
and that the mistake of a purchaser buying at a 
judicial sale under a void decree was a mistake of 
law from which the Court could grant no relief. 



480 HISTORY OF SAN JOSfi. 



APPENDIX NO. 5. 

I>TJEBLO L^ISTDS OF Sj^IsT JOSE. 

Field Notes of the exterior boundaries of the 
Pueblo Lands of San Jose, situated in the 
county of Santa Clara, and finally confirmed 
to the city of San Jose. Surveyed under in- 
structions from L. Upson, U. S. Surveyor-Gen- 
eral, by G. H. Thompson, Dep. Surveyor. Sur- 
vey commenced July 9th, 1866. 

Commencing at a point on the Guadaluf)e river, 
as near as could be ascertained where the last 
live-oak on said river was in March, 1838, and 
which is the same point described in the decree as 
the termination of the northwest boundary hne 
of the Pueblo Lands (all traces of said tree are 
now gone, but the point established is well known 
to be about the point where it formerly stood), 
at which point is set a redwood post, marked 
''P. S. J. 1." Thence from ''P. S. J. 1." 
in the direction of a live-oak tree in the 
mountains, which isqilainly seen from this point, 
N. 61J deg., E. 554 chains (variation 16 deg. E.), 
to a live-oak about 20 inches in diameter, stand- 
ing on the summit of a rocky chemisal point on 
the west side of the summit of the ridge. (This 



APPENDIX. 481 

tree was pointed out as the tree described in the 
decree as the point of beginning, or NE. corner of 
said Pueblo Lands. Said tree is also the NE. cor- 
ner of the Rancho Los Tularcitos, and is marked 
" T.") Thence from said tree, following the line 
of the Rancho Los Tularcitos, as finally surveyed ; 
S. 42 deg. 20 min., E. 176.60 chains, along the 
top of the ridge to a post in a stone mound, 
marked " T. 'No. 3," corner No. 3 of the Rancho 
Tularcitos; also, a post is set in the same mound, 
marked ''P. S. J. 3;" thence leaving the line of 
the Rancho Los Tularcitos, and continuing along 
top of ridge, S. 52 deg., E. 400.68 chains, inter- 
secting the line of the Rancho Canada de Pala, 
46.00 chains S., 61J deg. W. from corner No. 3 of 
said rancho, at which point of intersection is a 
post marked "P. S. J. 4;"' thence through the 
Rancho Canada de Pala, S. 33| deg., E. 649.71 
chains, to corner No. 7 of the Rancho Canada de 
Pala, and corner of Sections 19, 20, 29 and 30 in 
Township 7 S. Range 3 E., a post being fixed in 
mound of, stone, marked ''P. S. J. 5;" thence 
along the hills called San Felipe, leaving the 
Rancho Canada de Pala; S. 24^ deg., E. 1134.40 
chains, to a monument of stone about six feet 
high and about eight feet at the base, on the sum- 
mit of a rocky hill inside and near the northern 
boundary of the Rancho San Francisco de Las 
Llagas. (This monument was pointed out as th^ 

31 



482 HISTORY OF SAN JOSE. 

SE. corner of the Pueblo Lands of San Jose, and 
answers to the description of the same given in 
the original survey and report of the Commis- 
sioners, of March, 1838.) Thence through the 
Rancho San Francisco de Las Llagas, S. 70 J deg., 
W. 554.00 chains, to a post on a steep hill-side, on 
the north side and about five chains from the head 
of branch of the Las Llagas, marked '' P. S. J. 9 ;" 
thence over rough, brushy mountains, through the 
Rancho Las Uvas, N. 58 deg. 24 min-., W. 1,074.24 
chains, to a large live-oak tree called "El Encino," 
near the summit of a high spur of the Sierras, 
v^hich was pointed out and described as one of the 
original boundaries of the Pueblo Lands of San 
Jose; said tree is seven feet in diameter, and is a 
very prominent landmark, marked " P. S. J. 11;" 
and running thence, descending the steep side of 
the Sierras, N. lOf deg., ^^'. 333.75 chains, to a 
post in a mound of stone, marked " P. S. J. 14," 
on the summit of a small, isolated hill in the val- 
ley. (This hill was pointed out as being the hill 
described in the decree, and in the Commissioners' 
report of 1838, and was at that time established 
as one of the boundaries of the Pueblo Lands of 
San Jose.) Thence N. 15| deg., E. 347.47 chains, 
to a large monument of stone in a willow swamp, 
at the source of the Guadalupe river, one of the 
original boundary monuments of the Pueblo 
Lands of San Jose; a post is set in said monu- 
ment of stone, marked "P. S. J. 16," and the 



APPENDIX. 483 

line running thence through willow swamp, N. 72 
cleg., E. 10.12 chains, to Station No. 16 of the 
Rancho San Juan Bautista, on the bank of the 
Guadalupe river; thence, general course north- 
westerly, with the meanders of the Guadalupe 
river, to the point of beginning. 

The total number of square miles within the 
lands confirmed to the Pueblo is one hundred and 
one and seventy-six one-hundredths. 



484 HISTORY OF SAN JOSfi. 



APPENDIX NO. 6. 

In Santa Clara County, confirmed by the United 
States Board of Land Commissioners, showing 
amount of land granted, name of grantee, and 
date of patent. 

Arroyo de los Pilarcitos, one square league, Can- 
delario Miramontes. 

Canada del Corte de Madera, Domingo Peralta. 

Canada de San Felipe y Las Animas, two square 
leagues, Charles M. Weber, patented August 9th, 
1866. 

Canada de Pala, eight thousand by twelve hun- 
dred varas, Jose de Jesus Bernal, et al., patented 
August 9th, 1863. 

Canada de los Capitancillos, Guadalupe Mining 
Company. 

El Corte de Madera, two square leagues, Max- 
imo Martinez, patented June 14th, 1858. 

El Posito de las Animas, three thousand^ and 
forty-two acres, Robert Walkinshaw. 

Embarcadero de Santa Clara, one thousand 
varas, Barcelia Bernal. 

Juristac, one square league, Antonio and Faus- 
tin German. 



APPENDIX. 485 

La Polka, one square league. Bernard Murphy, 
patented March 3d, 1860. 

La Purisima Concepcion, one square league, 
Jflana Briones. 

Los Tularcitos, Antonio Higuera et al., heirs of 
Jose Higuera, patented July 8th, 1870. 

Las Animas or Sitio de la Brea, Jose Maria 
Sanchez. 

Las Coches, half square league, Antonio Suiiol 
et al., patented December 31st, 1857. 

La Laguna Seca, four square leagues, Liberata 
Cesana Bull et al., patented November 24th, 1865. 

Los Capitancillos, three quarters of a square 
league, Charles Fosset, patented February 3d, 
1865. 

Las Animas, Frederick E. Whiting. 

Milpitas, one square league, Jose Maria Alviso. 

Mission of Santa Clara, Juan C. Galindo. 

Mission of Santa Clara, thirteen and thirteen- 
hundredths acres, church property, patented Mar 
3d,. 1858. 

Mission of San Jose, twenty-eight and thirty- 
three hundredths acres, church property, patented 
March 3d, 1858. 

New Almaden Quicksilver Mine, two square 
leagues, Andres Castillero. Rejected. 

Ojo de Agua de la Coche, two square leagues, 
Bernard Murphy, patented January 4th, 1860. 

Potrero de Santa Clara, one square league, 
Robert F. Stockton. 



486 HISTORY OF SAN JOSfi. 

Pastoria de las Borregas, three thousand two 
hundred and seven and a quarter acres, Martin 
Murphy, patented December 15th, 18G5. 

Pueblo of San Jose, Mayor and Common Coun- 
cil of San Jose, confirmed October 8th, 1866. 

Pala, one square league, Ellen White et ah, 
widow and heirs of Chas. White. 

Quito, three square leagues, Manuel Alviso, 
patented May 14th, 1866. 

Rincon de San Francisquito, Teodoro and Se- 
cundino Robles, patented February 19th, 1868. 

Rincohada del Arroyo de San Francisquito, 
half square league, Maria Antonio Mesa, widow of 
Rafael Soto. 

Ranclio del Refugio or Pastoria de las Borregas, 
three square leagues, Tomas Pacheco and Augus- 
tin Alviso. 

Rincon de los Esteros, Francisco Berreyessa et 
al., heirs of G. Berreyessa. 

Rincon de los Esteros, Rafael Alviso et al. 

Rincon de los Esteros, two thousand acres, 
Ellen E. White. 

Rinconada de los Gatos, one and a half square 
leagues, Sebastian Peralta and Jose Hernandez* 
patented March 19th, 1860. 

Santa Ana y Quien Sabe, seven square leagues, 
Juan Miguel Anzas and Manuel Larios, patented 
May 1st, 1860. 

San Isidro, one square league, Quentiu Ortega 
et al., patented September 2Tth, 1869. 



APPENDIX. 487 

San Francisco de las Llagas, six square leagues, 
Bernard, Daniel, James and Martin Murphy, 
patented March 19th, 1868. 

San Antonio, one square league, Encarnacion 
Mesa et al., patented August 6th, 1866. 

San Vicente, one square league, Maria L. B. 
Berreyessa. 

Santa Teresa, one square league, Augustin Ber- 
nal, patented March 8th, 1867. 

San Isidro, one square league, Quentin Ortega, 
patented October 22d, 1868. 

San Francisquito, eight suertes (200 varas each), 
Maria Concepcion Valencia de Rodriguez et al., 
patented June 8th, 1868. 

San Antonio, six thousand one hundred and 
two acres, William A. Dana et al., patented, no 
date recorded. 

Ulistac, half square league, Jacob D. Hoppe, 
patented October 12th, 1868. 

Las Uvas, three square leagues, Bernard Mur- 
phy, patented February 18th, 1860. 

Yerba Baena or Socaye, twenty-four thousand 
three hundred and forty-two and sixty-four one 
hundredtlis acres, Antonio Chavolla, patented 
January ocl, 1859. 

Tract of land, two thousand varas, confirmed to 
James En Wright. 

Tract of land, fifty by sixty varas, confirmed to 
Fiancisco Arce. 



^88 HISTORY OF SAN JOSt. 

Two tracts of land, three himdred and fifty-eight 
and fifty-one one hundredths acres, Mary S. Ben- 
nett. 

Los Huecos, nine leagues, Hornsby and Roland, 
not yet surveyed. Granted May Gth, 1846, by 
Pio Pico, to Luis Arenas and John Roland. 



APPENDIX. 489 



APPENDIX NO. 7. 
PART FIRST— POLITICAL. 

J^ATW OF TVIARCII SOTH, 1837. 

The interior government of the department 
shall be under the charge of the Governor, De- 
partmental Legislature ( Junta ), Prefects and 
Sub-Prefects, Ayuntamientos, Alcaldes and Jus- 
tices of the Peace. 

Section I. — of the governor. 

Article 1. His term of service and the neces- 
sary qualifications for election are specified in the 
sixth constitutional law. 

It shall be his duty: 

1st. To take care of the preservation of public 
order in the interior of the Department. 2d. To 
dispose of the armed force which the laws assign 
to him for this purpose, and in default thereof or 
where it may not be sufficient, to ask the necessary 
for^e from the military commandant, who cannot 
refuse it. 3d. To publish without delay, execute 
and cause to be executed, the laws and decrees of 
Congress, and circulate them through the Depart- 
ment. 4th. To execute also, and cause to be exe- 
cuted, the decrees and orders of the general goveri.- 



490 HISTORY OF SAN JOSfi. 

ment, and the resolutions of the Departmental 
Legislature, previously approved, when uecessary, 
by Congress. 5lh. To remit to the general govern- 
ment, with his report, all the resolutions of the 
Departmental Legislature. 6th. To appoint the 
Prefects, approve the appointment of Sub-Prefects 
of the Department, conhrm that of Justices of the 
Peace, and to remove any of those functionaries, 
having first the opinion of the Departmental Legis- 
lature, respecting such removal. 7th. To appoint 
likewise the other officers of the Department, 
whose appointment is not reserved to some other 
authority. 8th. To suspend the officers of the 
Department for a term not exceeding three months, 
and even deprive them of half their salary for 
the same period. 9th. To suspend the Ayunta- 
mientos of the Department, with the consent of 
the Departmental Legislature.* 10th. In case of 
exercising either of the two foregoing attributes, 
he shall immediately report to the general govern- 
ment. 11th. To grant permission with a just 
motive, for a period not exceeding two months in 
each .year, to government officers to be absent 
from their stations. 12th. To decide executively, 
and without appeal, the doubts which may aj-ise 
respecting the election of Ayuntamientos, and 
admit or not the renunciations of the members 

*Wben there is no Departmental Legislature organized, it has 
always been held that the power of removal and suspension rests with 
the Go-vernor, who is responsible for his acts to the general govern- 
ment. 



APPENDIX. 491 

elected, loth. To exercise, in union with the De- 
partmental Legislature, with a casting vote in case 
of a tie, the rejecting power (exclusiva,) referred 
to in Article 22d, Attributes 8th of the fifth con- 
stitutional law.* 14th. To incite the tribunals and 
magistrates to the prompt and correct administra- 
tion of justice, and report to the respective supe- 
rior authorities the faults of the inferior ones. 
15th. To watch over the revenue officers of the 
Department in the manner which shall be pre- 
scribed by law. 16th. To watch over the public 
health of the Department, taking, in concert with 
the Legislature, the necessary measures for its 
preservation. 17th. To take particular care that 
there be no want of elementary schools in any of 
the towns of the Department, and that the masters 
and mistresses, as far as the circumstances of the 
place will admit, possess good moral character 
and the necessary qualifications. 

Art. 2. He may in his executive capacity, and 
without appeal, impose fines not exceeding two 
hundred dollars, which shall be paid into the 
municipal funds (propios y arbitrios,) of the place 
to which the person fined belongs; or, he may 
sentence the inhabitants of the Department who 
shall disobey him, or be wanting in respect, or 
who in any other manner disturb the public tran- 
quillity, to one month at public works, or double 
the time of arrest, conforming himself to the cir- 

*This has refei-ence to the appointment of certain subaltern officers. 



492 HISTORY OF SAN JOSE. 

cumstances of the individuals, and allowing them 
a summary and verbal hearing, in case they should 
request it. But with respect to. faults for which 
the law has provided a penalty, the existing regu- 
lations must be observed. 

Art. 3. He shall hear complaints against the 
functionaries of the Departmental Government, 
and for faults cognizable by Government he may 
impose executively, and without appeal, a fine not 
exceeding fifty dollars, to be likewise paid over to 
the municipal funds; but said functionaries shall 
also be heard in a summary and verbal manner in 
case they desire it. 

Art. 4. He may send vagabonds, idle persons, 
and such as have no known occupation, to the es- 
tablishment dedicated to this object, or to such 
workshops or agricultural establishments as may 
choose voluntarily to admit them; but the persons 
so to be disposed of shall have the choice of the 
two latter destinations. 

Art. 5. When the public tranquillity shall re- 
quire it, he may give a written order to search 
houses and to arrest persons, and even without 
this requisite he may command the arrest of any 
delinquent caught in the act: but in either case 
the persons arrested must within three days be 
put at the disposal of the competent magistrate, 
to whom he will make a written report of the mo- 
tives of the arrest.* 

" It may be a question, whether this clause is not slif;htly modified 
by Article IV. Amendments to the Constitution of the United States. 



APPENDIX. 493 

Art. 6. On the report of the Prefect (the opinion 
of the Departmental Legislature being obtained,) 
he may grant permission to the Ayuntamiento, or 
authorities in charge of the administration and ex- 
penditure of municipal funds, to defray such ex- 
traordinary expenses as may be required for objects 
of necessity or common utility. 

Art. 7. In case of necessity, or for motives of 
public utility, he may, in concert with the De- 
partmental Legislature, grant permission to said 
authorities to alienate certain property belonghig 
to the municipal funds (proprios y arbitrios), and 
any cession, donation or contract made without 
this requisite will be null and void. 

Art. 8. He will issue the respective commis- 
sions to the officers whom by law he is entitled to 
a23point.* 

Art. 9. At public meetings he will take pre- 
cedence of all the authorities of the Department. 

Art. 10. He will also preside at the Depart- 
mental Legislature, when he shall attend the ses- 
sions; but he shall only be entitled to vote in case 
of a tie, or in such cases as are or may be provided 
for by the Constitution and the laws. 

Art. 11. Should he be in any town of the De- 
partment, he may preside without vote at the 
sessions of the Ayuntamiento thereof. 

* The original text also states liow he shall sign his name to differ- 
ent documents, when his family name, and when his mere floui'ish is 
suflEicient. With us one and the same signature is always used. 



494 HtSTORY OF SAN JOst. 

Art. 12. He shall nominate and remove at 
pleasure the Secretary of the Departmental Gov- 
•ernment, but he cannot appoint to this office, or 
to that of Prefect, any public officer, without the 
consent of the authority who named him. 

Art. 13. His ordinary residence shall be in the 
Capital of the Department, and in order to re- 
move therefrom he will require the permission of 
the President. 

Art. 14, He shall be the ordinary channel of 
communication between the supreme powers of 
the nation and the Departmental Legislature, and 
between the latter and the authorities of the De- 
partment. 

Art. 15. In all official matters the Governor, 
whether regularly appointed or acting as such ad 
iiiter'tm^ shall be entitled to the appellation of 
" Your Excellency." 

Art. 16. The salary of the Governor is regu- 
lated by the General Government, but can never 
exceed five thousand dollars per annum. 

Art. 17. In temporary default of the Governor, 
another shall be named ad interim^ in the same 
manner as tlie proper one. If the default should 
be of short duration, the senior (mas antigua) lay 
member of the Departmental Legislature sliall 
take charge of the Government, as he shall in like . 
manner do during the interval which may take 
place between the default of the Governor proper 
and the appointment of his successor ad interim. 



APPENDIX. 495 

Section II. — of. the secretary. 

Article 1. There shall be a Secretary's ofhce 
in the Department, for the transaction of the af-' 
fairs of its interior government. 

Art. 2. The Secretary shall be the immediate 
head of the office, and shall form regulations for 
the interior government of the same, which must 
be submitted to the Governor, for him to approve 
or reform as he may see fit. 

Art. 3. The Secretary shall authorize, under 
his signature, the publication and circulation of 
the laws, decrees and orders of the supreme 
powers, the determinations of the Departmental 
Legislature, the municipal ordinances of the Ayun- 
tamientos, the interior police regulations of the 
Department, and the titles or dispatches issued by 
the Governor, 

Art. 4. He shall carry on the Governor's cor- 
respondence with the inferior authorities, under 
his signature, restricting himself to what is di- 
rected by the Governor, and he shall be answer- 
able for any deviation therefrom. 

Art. 5. He shall likewise be answerable for 
the want of the espedientes, laws, decrees, orders 
and other papers which ought to be on file in the 
office. 

Art. 6. Xeither the Secretary, nor auy of the 
clerks of the office, shall ask or accept any fees or 
emoluments for the despatch of any kind of busi- 
ness. 



496 HISTORY OF SAN JOSE. 

Art. 7. He shall be officially entitled to the 
appellation of "Honorable" (Senoria). 

Art. 8. The salary of the Secretary is fixed by 
the Governor (with the approbation of the Gen- 
eral Government), but can never exceed two 
thousand five hundred dollars per annum. 

Section III. — of the departmental legislature. 

Article 1. In this Department there shall be an 
assembly denominated the " Departmental Legis- 
lature," composed of seven individuals. 

Art. 2. These persons shall be elected by the 
same electors who choose the Deputies to Con- 
gress, and the election must take place precisely 
on the day following that of said Deputies. 

Art. 3. Seven substitutes shall likewise be 
named in the same manner as the foregoing, who 
shall fill vacancies that may occur, according to 
the order of their nomination. 

Art. 4. The Departmental Legislature shall be 
entirely renovated every four years, and they will 
commence their functions on the first day of Janu- 
ary following their election. 

Art. 5. It belongs to the Departmental Legis- 
lature: 1st. To pass (iniciar) laws relative to 
taxes, public education, trade and municipal ad- 
ministration. 2d. To establish common schools 
in all the towns of the Department, and assign to 
them competent donations out of the municipal 
funds, where there are any, and, when not, to im- 



APPENDIX. 497 

pose moderate contributions. 3d. To order the 
establishment and repairs of the interior roads of 
the Department, establishing moderate tolls for 
the payment of the expenses. 4th. To dictate all 
regulations for the preservation and improvement 
of the establishments of public instruction and 
beneficence, and such as tend to the encourao-e- 
ment of agriculture, industry and commerce; but 
if such regulations should in any way be burden- 
some to the towns of the Department, they must 
not be put in execution until they be previously 
approved by Congress. 5th. To promote, by 
means of the Governor, whatever may be Condu- 
cive to the prosperity of the Department in all its 
branches and to the well-being of its inhabitants. 
6th. To form, in union with the Governor, the 
municipal ordinances of the Ajuntamientos and 
the regulations of the interior police of the De- 
partment. 7th. To examine and approve the 
accounts which are to be rendered of the collec- 
tion and expenditure of the municipal funds 
(propios y arbitrios). 8th. To advise with the 
Governor in all affairs in which he may require it. 

Art. 6. The Legislature will form ilis own 
regulations for its interior government, and elect 
its own subordinate officers. 

Art. 7. Four members present are necessary 
to form- a quorum. 

Art. 8. The acts of the Legislature must be 

32 



498 HISTORY OF SAN Josii;. 

signed by the senior member present, and by the 
Secretary. 

Art. 9. Each one of the members of the Legis- 
hxture shall be responsible for the opinion said 
Legislature may give to the Governor against an 
express lavi^; and particularly if it be constitutional, 
or for bribery or subornation. 

Art. 10. The Legislature shall be styled " Ex- 
cellenc}^;" the members "Honorable" (Senoria), 
in their official capacity; and they shall receive 
one thousand five hundred dollars per annum. 

Art. IL The Governor shall administer the 
oath of office to each member of the Legislature; 
in case that body be present, it shall be admin- 
istered in their j)resence, to keep and cause to be 
kept the constitutional laws, and faithfully to 
fulfil the obligations of their situations, being 
responsible for the infractions with they commit, 
or do not impede. 

Art. 12. The Legislature shall have a secretary, 
with a salary not to exceed one thousand two 
hundred dollars per annum. 

Art. 13. The restrictions of the Governor and 
Departmental Legislature: — 1st. They shall im- 
pose no illegal contributions, nor apply any con- 
tributions to other than those objects pointed out 
by law. 2d. They shall not adopt any measures 
for raising armed forces, except in such cases 
wherein they are expressly authorized by law, or 
when they may be ordered to do so by the General 



APPENDIX. 499 

Government. 3d. They shall not make use of 
any other authority than that granted to them by 
law. 

Art. 14. The members of the Departmental 
Legislatm'e cannot renounce their situations with- 
out a legal motive, to be approved by the Legis- 
lature itself, and sanctioned by the Governor. 

Section IV. — prefects and suB-pPtEFECTs. » 

Article 1. In each district there shall be a Pre- 
fect named by the Governor and confirmed by the 
General Government, who shall remain in office 
four years, and may be re-elected. 

Art. 2. It belongs to the Prefects :— 1st. To 
take care of public order and tranquillity in their 
district, with entire subjection to the Governor. 
2d. To publish without delay, enforce and cause 
to be enforced, the laws and decrees of Congress 
which they may receive from the Governor, and 
circulate them in the towns of the district. 3d. 
To observe, and cause to be observed, the decrees 
and orders of the General Government, the reso- 
lutions of the Departmental Legislature, and of the 
Governor. 

Art. 3. In order to carry out the foregoing 
powers and duties (atribuciones), they may in 
their own district impose, by their own authority, 
fines to the amount of one hundred dollars, to be 
delivered to the municipal fund of the place where 
the person fined belongs: or they ma}^ sentence to 



500 HISTORY OF SAN JOSfi. 

fifteen days of public works, or arrest for double 
that period, those who disobey or are wanting in 
respect towards them, or who in any other way 
disturb the public tranquillity; attention being 
paid to the circumstances of the individuals, and 
a trial being allowed them in case they should 
require Jone ; but with respect to such faults as 
Jiave penalties assigned to them by law, the exist- 
ing laws must be observed. 

Art. 4. They will hear complaints against the 
functionaries of the Government of the district, 
and they may in their own authority impose upon 
them a fine of the amount of thirty dollars, to be 
applied to the municipal fund of the place to which 
the person fined belongs, for faults cognizable by 
Government; but, in case they should consider that 
said functionaries should be suspended, they will 
inform the Governor for him to determine what 
may be convenient. 

Art. 5. They will resolve on their own authority 
the doubts which may occur respecting the elec- 
tion of Ayuntamientos, and accept or not the 
resignations of the members thereof and the 
Justices of the Peace, biit the parties interested 
will nevertheless have the right to appeal directly 
to the Governor. 

Art. G. Shouldany one consider himself wronged 
in any of the three foregoing cases, he may appeal 
to the Governor, who will definitely decide what 
he may consider jnst. 



•appendix. 501 

Art. 7. When public tranquillity or tlie investi- 
gation of some crime make it necessary, they may 
give a written order to search certain houses and 
to arrest any person, and without this requisite 
they will order the culprit in flagrante to be 
secured, but in both cases they will, within three 
days, place the person arrested at the disposal of 
the competent judge, to whom they will manifest 
in writing the cause of the arrest. 

Art. 8. With the consent of the Governor, they 
may order idle vagabonds, who have no known 
occupation, for the time necessary for their correc- 
tion, to the establishments destined to that object, 
or to such manufactories or agricultural establish- 
ments as may choose to receive them voluntarily, 
the person sentenced being allowed to choose to 
which of the last two establishments he wishes to . 
go- 
Art. 9. They will incite the tribunals to render 
prompt and upright justice, informing the Gov- 
ernor of the defects they may note in the 
Magistrates, but without intermeddling in their 
functions. 

Art. 10. They will take particular care that 
common schools be not wanting in any of the 
towns of the Department. 

Art. 11. They will scrupulously take care that 
th6 masters and mistresses not only possess the 
necessary instruction, but they also be of good 



502 HISTORY OF SAN'jOSfi. 

moral character, the circumstances of the pkce 
being taken into consideration. 

Art. 12. Should. the want of funds prevent the 
establishment of schools, they will apply to the 
Governor that he may make it known to the 
Departmental Legislature. 

Art. 13. They will propose to the Governor 
whatever measures they may judge proper for the 
encouragement of agriculture and all the branches 
of industry, instruction and public beneficence, 
and for the execution of new works of public 
utility and for the repairs of the old ones. 

Art. 14. They will, by their own authority and 
agreeable to the laws, regulate the distribution of 
common lands in the towns of the district, provided 
there be no law suits pending in the tribunals 
respecting them, the parties interested having the 
righf to appeal to the Governor, who, in concert 
with the Departmental Legislature, will decide 
definitely what may be the most convenient. 

Art. 15. They will cause the sub -Prefects, 
Ayuntamientos and Justices of the Peace to 
comply faithfully with their respective obligations 
and see that they do not exceed their authority. 

Art. 16. In the administration and expenditure 
of the funds of the towns, they will exercise the 
supervision which may be granted to them by. the 
ordinances of the Ayuntamientos. 

Art. IT. They will appoint the sub-Prefects, 



APPENDIX. 503 

sending the appointments to the Governor to 
obtain his approval. 

Art. 18. Should not the Governor's answer 
arrive in time, owing to the loss of the mail or 
any other cause, the person appointed will take 
his situation on the first of January, in which the 
periodical renovation takes place, without preju- 
dicing what the Governor may resolve. 

Art. 19. They will also name the Justices of 
the Peace of the district, to be proposed to them 
by the sub-Prefects of the different towns, ob- 
serving what is ordered in the two preceding arti- 
cles. 

Art. 20. The Prefects will communicate their 
appointments to the new sub-Prefects in an official 
letter, of which they will also send a copy to the 
former ones, that they may likewise officially in- 
form the authorities of the towns. 

Art. 21. In the same manner they will com- 
municate the appointments to the new Justices of 
the Peace, and to those who have ceased, that 
these latter may inform all whom it may concern. 

Art. 22. They will require from the military 
commandant the necessary force for the preserva- 
tion or re-establishment of public tranquillity, and 
for the security of the roads. 

Art. 23. The Prefects, on taking possession of 
their situations, will receive by inventory all the 
documents, laws, decrees, orders, and other papers 
belonging to the Prefect's office, and will iu the 



504 HISTORY OF SAN JOSt. 

same manner deliver to their successors, tliey 
being responsible for any loss of said documents. 

Art. 24. They shall be the ordinary cliannel 
of communication between the Governor and the 
subaltern authorities of the district; and whatever 
representations may be made by the latter to the 
former, must be accompanied with their remarks 
(information). Their ordinary place of residence 
shall be the chief town of the, district, unless un- 
der particular circumstances the Governor may 
determine otherwise, with the consent of the De- 
partmental Legislature. 

Art. 25. Whenever they may thinl? proper, 
they will consult with some competent judge, 
(juez de letras), who is bound to give his advice. 

Art. 2G. The Governor, in concert with the 
Departmental Legislature, and bearing in mind 
the different circumstances of the districts, will 
propose to the President of the Republic the 
salary which each Prefect ought to enjoy, but this 
must not exceed twenty-five hundred dollars per 
annum. 

Art. 27. Each Prefect shall have a Secretary, 
wdiich he may appoint and remove at pleasure, 
who shall have a salary of seven hundred dollars 
per annum. Neither the Prefects nor their Secre- 
taries can ask or receive any emolument or fee for 
any kind of business connected with their offices. 

Art. 28. The Prefects, on entering on their 
duties, will make oath in presence of the Ayunta- 



APPENDIX. 505 

miento of the chief town of then* district; or, if 
there be no Ayuntamiento, then before a Justice 
of the Peace. 

Art. 29. The Secretaries will take a similar 
oath before their respective Prefects. 

Art. 30. The sub-Prefects have the same f^ic- 
ulties, and are subject to the same obligations of 
the Prefects in their respective localities; but in 
all their official duties they are subject to the di- 
rection of the Prefect of their district. They can, 
however, of their own authority impose a fine of 
fifty dollars, or sentence to eight days labor on 
the public works, in the same manner and under 
the same restrictions as the Prefects. On enter- 
ing upon the duties of their office, they take a sim- 
ilar oath, and are allowed three hundred and sixty- 
five dollars per annum for- stationery, etc., which 
is the only salary they receive; they, however, are 
not prohibited from receiving fees. 

Section V. — of the ayuntamientos. 

Article 1. The capital of the Department, ports 
with a population of four thousand inhabitants, 
interior towns of eight thousand inhabitants, 
towns which had Ayuntamientos previous to 1808, 
and those to whom this right is given by special 
law, shall be entitled to Ayuntamientos or Town 
Councils. 

Art. 2. In order to form a quorum for the trans- 



506 HISTORY OF SAN JOSE. 

action of business, more than one half of the 
members must be present. 

Art. 3. The number of Alcaldes, Regidores, 
and Sindicos will be fixed by the Departmental 
Legislature, in concert with the Governor; but 
the first must not exceed six ; the second, twelve ; 
and the third, two. 

Art. 4. The Alcaldes are to be removed every 
year ; half of the Regidores the same ; and when 
there are two Sindicos, one of them, the first ap- 
pointed to be first removed, when there is only one 
Sindicp, he must be changed every year. 

Art. 5. The Alcaldes, Regidores, and Sindicos 
may be re-elected indefinitely, and no one can re- 
fuse to serve without a just cause, approved by 
the Governor or Prefect; or, in case of re-election, 
when two years have not expired ; or, if within the 
same period they have acted in any other muni- 
cipal situation, or as sub-Prefect, or as Justice of 
the Peace. 

Art. 6. In case of the death or incapacity of 
any of the members of the Ayuntamiento, others 
may be elected to supply their places, unless the 
vacancy should occur within less than three months 
of the close of the year, in which case the period- 
ical time must be waited for. 

Art, 7. If the newly elected should be an Al- 
calde, he will take the place that was vacant; if a 
Regidor or Sindico, he will occupy the lowest 
place, and the others will ascend according to the 



APPENDIX. 507 

order of their appointment, until the vacancy be 
filled up. 

Art. 8. In case of the suspension of an entire 
Ayuntamiento, or part of one, the Ayuntamiento 
of the preceding year will take its place in the 
whole, or in part, as it may happen. 

Art. 9. The following persons cannot be mem- 
bers of Ayuntamientos: Officers appointed by 
Congress, by the General or Departmental Govern- 
ments, the Magistrates of the supreme tribunals, 
the legal Judge of the lower Court (de primera 
instancia), clergymen, directors of hospitals or 
other charitable institutions. 

Art. 10.. The Ayuntamfentos, under subjection 
to the sub-Prefects, and through them to the Pre- 
fects and Governor, will have charge of the police, 
health, comfort, ornament, order, and security of 
their respective jurisdictions. 

Art. 11. They will consequently take care of 
the cleanliness of the streets, market-places, and 
public squares. 

Art. 12. They will see that in each town there 
be one or more burying-grounds, conveniently 
locatad. 

Art. 13. They will watch over the quality of 
all kinds of liquors and provisions, in order that 
nothing unsound or corrupted be sold. 

Art. 14. They will take care that m the apoth- 
ecary shops no rancid or adulterated drugs be sold, 



508 HISTORY OF SAN JOSfi. 

to which end they may appoint intelligent persons 
of the faculty to examine them. 

Art. 15. They will see that marshes be drained, 
and that stagnant afid unhealthy waters be made 
to run off, and that everything which tends to 
injure the health of men or cattle be removed. 

Art. 16. They will likewise take care of pris- 
ons, hospitals, and establishments of public benefi- 
cence which are not of private foundation. 

Art. 17. The moment that any prevailing sick- 
ness makes its appearance in the district of the 
municipality, the Ayuntamiento will inform the 
sub-Prefect, or should there be no sub-Prefect, 
the Prefect, in order tkat through his means the 
necessary assistance may be administered ; but 
this will not prevent the Ayuntamiento from 
taking in the meantime the necessary steps to 
cut off or restrain the evil in its commencement. 

Art. 18. With this laudable object, they will 
name a committee of charity, composed of a Regi- 
dor or Alcalde, a Sindico,»a physician (should 
there be one in the place), and two residents or 
more, should the Ayuntamiento think it necessary, 
according to the extent of the place and the duties 
to be performed. 

Art. 19. The Ayuntamiento will remit semi- 
annually to the sub-Prefect, or in default of him 
to the Prefect, that he may forward it to the 
Governor, an account of the births, marriages and 
deaths in each of these periods, which must em- 



APPENDIX. 509 

brace all its district, and mention the sex, age, 
diseases of which tliey may have died, keeping in 
its records a copy of this document. 

Art. 20. In order to ob!ain these data, they 
may ask them of the parish curates, the Justices 
of the Peace, the municipality, or any persons or 
corporation capable of furnishing them. 

Art. 21. In order to attend to the ornament 
and comfort of the towns, they will see that the 
market-places be well distributed, and that every 
obstacle tending to hinder them from being suffi- 
ciently provided be removed. 

Art. 22. They will take care of the preserva- 
tion of the public fountains, and see that there be 
an abundance of water for men and cattle. 

Art. 23. They will likewise endeavor, as far as 
possible, to have the streets straight, paved and 
lighted, and that there be public walks and abun- 
dant plantations, for the beauty and health of the 
towns. 

Art. 24. It belongs to them to procure the 
construction and repairing of bridges, causeways 
and roads, and to encourage agriculture, industry, 
trade, and whatever they may consider useful to 
the inhabitants. 

Art. 25. At the junction of different roads 
they will place inscriptions pointing out the re- 
spective directions and distances to the nearest 
towns. 



510 HISTORY OF SAN JOSE. 

Art. 26. It belongs to the Ajaintamientos to 
make contract for all kinds of diversions, licence 
having been previously obtained from the first 
local political authortty. 

Art. 27. The products from these contracts 
must be paid into the municipal funds. 

Art. 28. If the regulations of police and good 
government should not embrace all the measures 
which the Ayuntamientos may consider necessary 
for the preservation of order and the security of 
persons and property, they may propose to the 
Governor whatever others they may deem con- 
venient, in order tliat those which may appear 
just may be adopted. 

Art. 29. They will see that in every town 
there be a safe and commodious prison; that in 
said prisons different departments be found for 
persons arrested and for prisoners, and they will 
take care that the latter be usefully employed. 

Art. 30. They will pay careful attention to the 
establishment of common schools in every town, 
the masters and mistresses of which must be paid 
out of the municipal fund, and tliey will not onlj^ 
be careful to appoint proper persons, but to see 
that at all times they continue to be of good con- 
duct and sound morals. 

Art. 31. They will distribute, with all possible 
impartiality, the municipal duties imposed upon 
the citizens, guiding themselves by the existing 
laws, or by such as may hereafter be made. 



APPENDIX. 511 

Art. 32. They will watch over the arrange- 
ment of the weights and measures, agreeable to 
laws on the subject. 

Art. 33. The Ayuntamientos, and every one 
of their members, whenever they may be called 
upon by the Prefect, sub-Prefect and Alcaldes, 
will render every assistance toward carrying into 
execution the laws, decrees and orders, and the 
preservation of public order. 

Art. 34. They will have the administration 
and expenditure of the municipal funds to man- 
age, being guided by the ordinances relating 
thereto, and having in view the expenses approved 
by the Government. Within the first two months 
of the year they will remit to tlie sub-Prefect, or 
in default of him to the Prefect, that he may 
send to the Governor, an account, with vouchers, 
of the total amount of municipal funds, and of 
the direction given them during the preceding 
year. 

Art. 35. The municipal funds will be deposited 
with such person or persons as the Ayuntamientos 
may appoint, under its responsibility. 

Art. 36. The mal-administration of tlie funds, 
and the expenditure thereof in expenses not desig- 
nated by the ordinances of the Ayuntamientos, 
or which have not obtained the approbation of 
Government, involve the pecuniary and personal 
responsibility of each of its members who may 
prove to be culpable in its management, or who 



512 HISTORY OF SAN JOSfi. 

may have given their votes in the resolutions of 
said corporation; but those who may not have 
voted for such resolutions will be free from re- 
sponsibility. 

Art. 37. The Ayuntamientos may appoint at 
their pleasure a Secretary, and assign him with 
the approbation of the Governor, who will act in 
concert with the Departmental Legislature, the 
salary' that may be considered just; but he cannot 
be removed from his situation without the same 
approbation. 

Art. 38. Should the municipal funds not be 
sufficient to pay the salary of a Secretary, the 
Regidores, by monthly turns, will perform his du- 
ties, and they will only be allowed stationery. 

Art. 39. The members of the Ayuntamientos 
on taking office, will take the same oath as other 
political authorities; the Alcaldes (or the first 
one, should there be two or more) will take it at 
the hands of the Prefect or sub-Prefect, or, in 
defect of both, at the hands of the former Alcalde ; 
and the other members of the corporation, as 
likewise the Justices of the Peace of the munici- 
pality, will also be sworn in by the Alcalde. 

Art. 40.* The Secretaries will take the same 
oath before their Ayuntamientos. 

Section YI. — of the alcaldes. 

Article 1. The Alcaldes, in the places of their 
usual residence, will take care of good order and 
public tranquillity. 



APPENDIX. 513 

Art. 2. They will watch over the execution and 
fulfilment of the police regulations, laws, decrees 
and orders, which may be communicated to them 
by the sub-Prefects, or, in their defect, b}' the 
Prefects, and they will duly circulate them to the 
Justices of the Peace of the municipality. 

Art. 3. For the fulfilment of the objects men- 
tioned in the preceding articles, they will ask for 
the necessary force from the Military Com- 
mandant. 

Art. 4. In defect of such force, or if it should 
not be sufficient, and any citizens should ask assist- 
ance in order to secure their persons or property 
when they are in danger, and in general for the * 
security or apprehension of criminals within their 
jurisdiction, and for the presei'vation of public 
order, they will call upon the citizens, who are 
strictly obliged to obey them the same as any other 
public authority. 

Art. 5. They will cause the culprit, in flagrante, 
to be secured, and within three days will put him 
at the disposal of the competent Judge. 

Art. 6. They will see tliat the residents of the 
place live- by useful occupations, and they will 
reprimand the idle, vagabonds, persons of bad 
conduct and those who have no known occupation. 

Art. 7. Those who, through drunkenness or 
any ocher motive, disturb the public tranquillity, 
or who disobey them, or are wanting in respect to 
them, they may, on their own authority, fine to 

33 



514 HISTORY OF SAN JOSE. 

the amount of twenty-five dollars, to be applied to 
the municipal funds, or they may sentence to four 
days of public works, or double the time of 
arrest, taking into consideration the circumstances 
of the individuals and giving them a trial in case 
they may require it; but, with respect to crimes 
designated by law, the existing regulations must 
be observed. 

Art. 8. Should any one consider himself ag- 
grieved in the case of the preceding article, he may 
appeal to the immediate superior, who will 
definitely determine what he may esteem just. * 

Art. 9. They will assist and have a vote at the 
* session of the Ayuntamientos, and they will pre- 
side over them according to order of their ap- 
pointment when neither the Prefect nor sub- 
Prefect assist, and when they do preside their vote 
shall be decisive. 

Art. 10. The temporary absence of the Al- 
caldes will be supplied by the Regidores according 
to the order of their appointment. The same will 
be practised in case of death, etc., until the person 
be elected who is to succeed them. 

Section VII. — of the justices of the peace. 

Article 1. The Departmental Legislature and 
the Governor, having previously heard the opinion 
of the respective Prefects and' sub-Prefects, and 
bearing in mind the diff'erent circumstances of all 
the towns and villages of the Department, will 



APPENDIX. 515 

determine the number of Justices of the Peace 
which there should be in each of them, but they 
must not neglect to establish them in every ward 
and populous rancheria distant from a town. 

Art. 2. The Justices of the Peace are to' be 
named by the Prefect of the district on the recom- 
mendations of the respective sub-Prefects. 

Art. 3. In every place of one thousand inhabi- 
tants or more, the Justice of the Peace shall liave, 
under subjection of the sub-Prefect, and through 
him to the superior authorities, the same faculties 
and obligations as the Ayuntamientos, but in the 
management or supervision of the municipal funds, 
they will restrict themselves to what may be 
established in the ordinances to be made by the 
Departmental Legislature. 

Art. 4. These Justices of the Peace, as well as 
those of places which do not contain one thousand 
inhabitants; those of the suburbs and rancheriasat 
a distance from towns, and those of the quarters 
and wards of every populous town, shall have the 
faculties and obligations granted to and imposed 
on the Alcaldes in Section YL, Art. 1-6. 

Art. 5. In the suburbs and rancherias distant 
from towns, and in such towns where only a 
Justice of the Peace is established, a substitute 
shall be named in the same manner as the real one, 
to take his place in case of temporary absence. In 
other places where there are several Justices of 
the Peace, they shall, during the present year. 



516 HISTORY OF SAN JOSfi. 

1837, mutually supply the places of each other. In 
future this shall be done by the former Justices of 
the Peace, according to the ord^r of their appoint- 
ment, beginuing with those t)f the last year. 

Art. 6. The Justices of the Peace of those 
places in which the Ayuntamientos are to cease, 
will receive, by means of correct inventory, all the 
documents, books of Acts and whatever may 
belong to those corporations, and they shall remit 
a copy of it to the Governor that he may send it 
to the Departmental Legislature. 

Art. 7. The Governor, in concert with the 
Departmental Legislature, will dictate convenient 
regulations relative to securing the municipal 
funds, until the ordinances fix the rules for their 
good management and expenditure. • 

Art. 8. The situation of the Justices of the 
Peace is a municipal office, which cannot be 
refused except for a legal cause, approved by 
the Governor or Prefect, after hearing the opinion 
of the authority that named or proposed him, or in 
case of re-election, if two years have not trans- 
pired, or if an equal time has not passed since he 
served as sub-Prefect. 

Art. 9. The Justices of the Peace, on entering 
into office, will make the same oath as the other 
authorities at the hands of the sub-Prefect, or in 
default of him, before the last Justice of the 
Peace, or before the first one appointed, should 
there be several. 



appendix. 517 

Section YIII.— general observations. 

Article. 1. The channels of communication 
established by thjs law cannot be deviated from, 
except in extraordinary circumstances, or in case 
of complaint against some functionary, through 
whose hands the communications ought to be for- 
warded. 

Art. 2, The fines imposed by the functiona- 
ries mentioned in this law shall not be collected 
by themselves, but they shall -order them to be 
delivered to the Treasurer or depository of the 
municipal funds, who will give the corresponding 
receipt, so that the person fined may satisfy the 
authority by which he was fined. 

Art. 3. If those elected for Governors, mem- 
bers of the Departmental Legislature, Prefects, 
and persons employed in their Secretaries' offices, 
should receive a higher salary or pension from the 
public funds than the salary designated by this 
law, they shall continue to enjoy it, and to that 
end the excess shall be credited to them. 

Art. 4. The laws which organized the econ- 
omic-political government of the Department are 
abolished. 



518 HISTORY OF SAN JOSE. 

PART SECOND— JUDICIAL. 

X^J^^W OW IVEu^Y Q3d., 1837. 

« 

Section I. — of the superior court — (Tribunal.) 

Article 1. The Superior Tribunal of California 
shall consist of four Judges (Ministros), and one 
Attorney-General, (fiscal) of which Judges the 
three senior "Ones shall compose the first bench 
(sala) and the junior ones the second. 

Art. 2. The Tribunal shall have a President, 
who will remain in office two years, and may be 
reelected ; he shall be appointed by the Tribunal 
itself, from its own magistrates. In defect of the 
President the senior Judge shall preside. 

Art. 3. The Judges and Attorney- General 
shall each receive a salary of four thousand dol-. 
lars per annum. 

Art. 4. The Superior Tribunals in a body shall 
be addressed with the title of " Your Excellency." 
The same title shall be given to each of the 
benches thereof, and the President, Judges and 
Attorney-General, shall officially be styled " Your 
Honor" (Sefioria). 

Art. 5. Whenever the number of Judges nec- 
essary to complete the benches shall be defective, 
through absence, recusation, vacancy, or any other 
cause, such deficiencies shall be supplied with 
primary Judges, (Jueces de primera instancia). 

Art. 6. Within the three first months after 



APPENDIX. 519 

the installation of the Superior Tribunal, it shall 
form a tariff of the fees and clues to be collected 
in the Department by tlie primary Judges, Al- 
caldes, Advocates, clerks, and other judicial offi- 
cers. 

Art. 7. The second bench of the Superior 
Tribunal''' shall take cognizance of the first ap- 
peals (en segunda instancia) in the civil and crim- 
inal causes of the territory mentioned in the first 
attribution of Art. 22d, 5th Constitution Law; 
and the first bench shall take cognizance of the 
second appeals (en tercera instancia) .f 

Art. 8. In the same, manner shall causes in- 
stituted against magistrates and subalterns as men- 
tioned in the second attribution || be dispatched; 
and the second appeal mentioned in said attrib- 
tion shall belong to the first bench. This bench 
shall also take cognizance of the right of appeal 
(recurso) mentioned in the third and fourth at- 
tributions.! In order to carry out the objects 
comprehended in the seventh, eighth, and ninth 

* The iwwers of tlie Superior Tribimals, as origiually orgauizecl, are 
given in Law 5th, Art. 22d, of the Constitution of Mexico, but the 
transfer of the territory to the United States has annulled or hmited 
some of the powers so conferred. 

t The causes referred to in the latter part of this Article, are those 
against the superior magistrates of the territory. 

II This has reference to causes against inferior magistrates and the 
subalterns and defendants of the Tribunal. 

t These have reference to appeals from the Judges of First Instance, 
and the adjustment of competences of jurisdiction arising between 
subaltern Judges. 



520 HISTORY OF SAN JOSE. 

attributions/-' a full tribunal of all the Judges 
shall sit, in which the Attorney-General shall also 
have a vote. 

Art. 9. The Superior Tribunal, including the 
President, all the Judges, and the Attorne3^-Gen- 
eral, shall, in the Capital of the Department, per- 
form a general examination of prisons, including 
all places where prisoners may be detained, sub- 
ject to the ordinary jurisdiction, and make a re- 
port of said examination to the government, that 
it may publish the same and take the necessary 
measures in virtue of its powers. At these ex- 
aminations two members of the Ayuntamiento 
shall attend, (without any vote) with the magis- 
trates of the Tribunals, next to the senior one, 
and the Ayuntamiento sh-all be previously in- 
formed of the appointed hour, in order that it may 
appoint those wdio are to attend. 

Art. 10. Public examinations shall likewise 
be made by two of the Judges, acting by turns, 
and commencing with the junior ones. The Pres- 
ident shall not be included; the Attorney-Gen- 
eral and Secretaries shall attend, and likewise the 
Judges of first instance in criminal cases, with 
their respective clerks. 

Art. 11. At both of these examinations all 
the prisoners shall present themselves. The 
magistrates, besides the customary examina- 

* These have reference to the nomiuation of* Judges, subalterns, and 
dependents of the Courts. 



APPENDIX. 521 

tioiis, shall personally inspect the habitations and 
scrupulously inquire into the treatment given to 
the prisoners, the food and attention bestowed 
upon them, and if they are loaded with more 
irons than the Judge has commanded, or are kept 
m solitary confinement (incomunicados) without 
orders. But if there should be prisoners of an- 
other jurisdiction in the public prisons, they shall 
confine themselves to examining how they are 
treated, correct the abuses and defects of the jail- 
ors, and report to the respective magistrates what- 
ever further they may observe. 

Art. 12. Whenever a prisoner shall ask to be 
heard, one of the Judges having cognizance of the 
cause, shall go and hear what he has to say, and 
report to the corresponding bench. 

Art. 13. The reports or notices of the institu- 
tion of suits or causes, which the inferior Judges 
have to address to the Superior Tribunal, shall be 
presented to the bench of Second Instance, for it 
to take the necessary measures for the speedy con- 
clusion of the same, according as the natiu'e and 
enormity of the crimes may require. 

Art. 14. The Superior Tribunal sliall see that 
the primary Judges in criminal cases, remit to it 
quarterly, circumstantial lists of the causes finished 
during that period, and of those still pending, ex- 
pressing the date on which they commenced, and 
their actual state of forwarding, which shall be 
submitted to the bench of Second Instance, in 



522 HISTORY OF SAN JOSE. 

order that in view thereof, and after hearing the 
Attorney-General, the necessary steps may be 
taken toward the speedy and exact administration 
of justice. 

Art. 15. The Attorney-General shall be heard 
in all criminal and civil causes in which the public 
interests, or the ordinary jurisdiction are con- 
cerned. When he acts as plaintiff, (actor) or 
pleads his own rights (coadyuvare sus derechos) 
he shall speak in Court before the attorney of the 
criminal, and may be constrained (apremiado) at 
the instance of the parties the same as any of 
them. His replies, whether in civil or criminal 
cases, shall never be concealed so that the parties 
interested cannot see them, and he cannot be re- 
cused (recusado). 

Art. 16. To constitute a sentence, in a bench 
of three Judges, two perfectly coinciding votes 
are requisite. 

Section II. — of the courts of first instance — 

(PRIMERIA INSTANCIA.) 

Article I. The Governor and Legislature, on 
the recommendation of the superior tribunal, 
shall designate the number of Judges of this 
Court in the chief town (cabecera) of each dis- 
trict, in conformity with the laws. 

Art. 2. Where there is but one Judge of First 
Instance to a district, he shall have both civil and 
criminal jurisdiction ; if more than one, these are 
separate. 



APPENDIX. 523 

Art. 3. Each Court shall have a Clerk and Re- 
corder (Escribano y Escribiente) and an Executive 
officer (Comisario). 

Art. 4. The salaries of the Judges and subal- 
terns of this Court is fixed by the Governor and 
supea'ior tribunal, in concert with the Depart- 
mental Legislature, to be afterward approved of 
by the General Government. * 

Art. 5. The clerks or notaries '(escribanos) of 
this Court are appointed by the superior tribunal 
on the recommendation of the Judges of the 
Court; tlie other subalterns are named by the 
Judges themselves, due notice of these appoint- 
ments .being given both to the Governor and su- 
perior tribunal. 

Art. 6. These Judges, on entering upon their 
duties^ must take the usual oath of office. In case 
of sickness, absence, death, etc., their places may 
be supplied, ad interim^ by persons appointed by 
the superior tribunal, with the approbation of the 
Governor. 

Art. 7. No Judge of First Instance can act in 

• a civil or criminal case without the Clerk of the 

Court (Escribano), except in case there be no such 

Clerk, or where the case is too urgent to wait for 

his presence, in which case two witnesses must be 

* The salary of the Judge of Civil Courts was fixed at $1,500, with 
the stipulated fees of office. Gov. Eiley, in his proclamation, signified 
his intention to pay this salary to the Judge of First Instance in each 
political district of California. 



524 HISTORY OF SAN JOSfi. 

called in, and the papers so witnessed must be 
afterward turned over to the custody of the Clerk. 

Art. 8. The cognizance and jurisdiction of 
these Judges are limited to the judicial subjects 
of their territory. 

Art. 9. All lawsuits and civil or criminal 
causes, of whatever description, shall be brought 
forward and carried on before the respective Mag- 
istrate of Firsflnstance, excepting in cases where- 
in clergymen and military persons are privileged 
by the constitutional or other laws in force. 

Art. 10. No complaint, either civil or criminal, 
involving simply personal injuries, can be admitted 
without proving,- with a competent certificate, that 
conciliatory measures have been attempted, viz. : 
by means of arbitrators (hombres buenos.) 

Art. 11. From the preceding Article are to be 
excepted verbal processes; those of contest re- 
specting chaplaincies (capellanias colativas), and 
other ecclesiastical causes of the same description, 
in which the parties interested cannot come to a 
previous arrangement; the causes which interest 
the public revenue, the municipal funds of towns, • 
public establishments, minors, those deprived of 
the administratioti of their property, and vacant 
inheritances. In the same manner, no concilia- 
tion is to be attempted for the recovery of any 
kind of contributions or taxes, whether national 
or municipal ones, nor for the recoveiy of debts 
which have the same origin. Neither is it neces- 



APPENDIX. 525 

sary in the trial of summary interdictions. of pos- 
session, the denouncement of a new work or a re- 
traction, nor in promoting the faculty of invento- 
ries and distribution of inheritances, nor in other 
urgent cases of the same nature; but should a 
formal complaint have to be afterward made which 
would cause a litigious process, then conciliation 
ought first to be attempted, but it must not take 
place in cases of bankruptcy where creditors sue 
for their dues; but it shall take place when any 
citizen has to. demand judicially the payment of 
a debt, although it may arise from a public writ- 
ing. 

Art. 12. In the trial of causes which exceed 
one hundred dollars, but do not exceed two hun- 
dred dollars, the Judge will take cognizance by 
means of a written process according to law, but 
without appeal ; nevertheless the parties may take 
advantage of the appeal of necessity before the 
superior tribunal, should the laws have been vio- 
lated which regulate the mode of proceeding. 
This appeal shall be referred to the same Judge, 
• in the terms and for the purpose mentioned in 
Article 20 of Section IV. 

Art. 13. Any person who may be despoiled of 
or disturbed in his possessions, whether the ag- 
gressor be an ecclesiastic, a layman, or a military 
character, will apply to the legal Judge for resti- 
tution and protection; and cognizance of these 
matters are to be taken by means of the corres- 



526 HISTORY OF SAN JOS^. ' 

ponding very summary process, or even by means 
of the plenary one of possession, if tlie parties 
should desire it, with appeal to the respective su- 
perior tribunal; the judgment of property (juicio 
de propriedad) being reserved to the competent 
Judges. 

Art, 14. The Judges of the First Instance, in 
their respective Districts, will take cognizance, by 
way of precaution, with the Alcaldes, in the form- 
ation of inventories, justifications, ad perpetuam 
and other judicial matters of this kind, in which 
the parties have yet made no opposition. 

Art. 1^. They will likewise take cognizance of 
such civil and criminal causes respecting common 
crimes as may arise against the Alcaldes of their 
District. 

Art. 16. Every sentence of first instance in 
criminal causes must be immediately notified to 
the person who entered the suit and to the culprit, 
and if either of them shall appeal, said causes 
must, without delay, be remitted to the superior 
tribunal, the parties being previously summoned. 

Art. 17. If both the accused and culprit agree 
to the sentence, and the suit should be respecting 
trivial crimes for which the law imposes no cor- 
poreal punishment, the Judge will execute the 
sentence. But if the cause should be one respect- 
ing crimes which have such a punishment as- 
signed to them, the process shall be remitted to 
the superior tribunal, the time for appealing 



APPENDIX. 527 

having passed, although the parties themselves 
should not appeal, they being previously cited. 

Art. 18. In all civil causes in which accordino; 
to law the appeal should take place in both effects, 
and be clearly admitted, the original acts of the 
process shall be remitted to the superior tribunal 
at the costs of the appellant, the parties being 
previously cited, that they may make use of their 
rights. But if said appeal be merely admitted in 
the devolutive eifect and not in the suspensive 
one (efecto devolutive y, no en el suspensivo), 
[the former of which means, the cognizance which 
a superior Judge takes of the determinations of 
an inferior one, without suspending the execution 
of them ; and the latter, the same thing together 
with the suspension of the execution. — The trans- 
lator] the remission must not take place until after 
the execution of the determination, whatever prac- 
tice there may be to the contrary. 

Art. 19. The Judges of First Instance, in the 
place of their residence, if there be no superior 
tribunal there, will h\ public make the prison 
examination, required by law; two members of 
the Ayuntamientos will also be present at the 
general ones, but without a vote ; and qvery month 
a report of said examinations will be rendered to 
the superior tribunal. They will likewise go to 
the prison when any culprit asks for audience, and 
they will hear whatever he may have to say. 



528 HISTORY OF SAN JOSfi. 

Art. 20. The inferior magistrate will also re- 
port to the superior tribunal, at farthest witiiin 
the three days after commencing the causes, all 
such as they may be forming for crimes committed 
in the respective jurisdictions. They will likewise 
send to said tribunal quarterly a general list of 
those that they may have concluded at that time, 
and of such as still remain unfinished in their 
respective courts, expressing the state in which 
they may be, and the dates of their commencement. 

Section III.^ — of alcaldes and justices of the 

PEACE. 

Article 1. It belongs exclusively to the Al- 
caldes of the Ayuntamientos, and to the Justices 
of the Peace, in places whose population consists 
of one thousand or more inhabitants, ^to exercise in 
their jurisdiction, with respect to all classes of per- 
sons, the office of conciliators. 

Art. 2. It likewise belongs to such Alcaldes 
and Justices -of the Peace to take cognizance of, 
and decide in their respective towns, all verbal 
•processes which may occur; except those in which 
ecclesiastics and military persons are sued. 

Art. 3. It belongs likewise to them to dictate 
in litigious cases the very urgent measures that 
will not admit of being taken before the primary 
Judges; and to take, under similar circumstances, 
the first steps, in criminal causes, and also such 
others as they may be commissioned to do by the 
respective tribunals and primary courts. 



APPENDIX. 529 

Art. 4. Of the attributions comprehended in 
the three foregoing articles, the Justices of Peace 
of such places as do not contain one thousand 
inhabitants shall only exercise that of taking 
(whether in civil or criminal cases,) such steps as 
from their urgency do not give time to apply to 
the nearest respective authorities. 

Art. 5. In order to verify the judgment of con- 
ciliation, whosoever may have to institute any 
civil suit, the value of which does not exceed one 
hundred dollars, or any criminal one respecting 
serious injuries, purely personal, shall make his 
complaint to the Alcaide or competent Justice of 
the Peace, demanding verbally to have the accused 
party summoned, in .order to commence the trial 
of conciliation, and said Alcalde or Justice of 
Peace will immediately have .the summons made 
out, which must mention the object of the com- 
plaint, and fix the da}^, hour, and place* in which 
the parties have to appear; and both the accuser 
and the accused are to be told to bring each his 
arbitrator (hombre bueno), who must be a citizen 
in the exercise of his rights, and completed the 
twenty-fifth year of his age. 

Art. 6. The accused party is bound to concur,, 
in obedience to the summons of the Alcalde or 
Justice of Peace ; but should he not do so, a second 
summons must be sent to him to appear at some 
newly appointed time, under a pAialty of from 



34 



530 HISTORY OF SAN JOSE. 

two to ten dollars fine; and should he still not 
come forward, shall be considered that the means 
of conciliation have been attempted, and that the 
trial is at an end {i. e. the trial of conciliation), 
and the fine imposed upon the accused party shall 
be irremissibly exacted. 

Art. 7. It shall likewise be considered that the 
means of conciliation have been tried, and that 
the trial is concluded, if the person summoned 
appear before the Alcalde, or Justice of Peace, in 
obedience to the first or second summons, and say 
that he renounces the benefit of conciliation. 

Art. 8. In the two cases treated of in the two 
foregoing articles, the corresponding record must 
be made in the respective book, and be signed in 
the first case by the Alcalde or Justice of Peace, 
the plaintiff and clerk (Escribano), if there be 
one, and if not, by two assisting witnesses; and in 
the se6ond case, by the Alcalde or Justice of 
Peace, the plaintiff and defendant; and whenever 
the latter does not make his appearance, but re- 
nounces the aforesaid benefit, he must necessarily 
do it in writing. 

Art. 9. When the parties do come forward, 
•either personally or by means of their lawful rep- 
resentatives, to proceed with the trial of conciHa- 
tion, the Alcalde or Justice of Peace and the ar- 
bitrators will make themselves acquainted with 
what the parties have to expose respecting the 
matter in dispute, and when the said parties re- 



APPENDIX. 531 

tire, the Alcalde or Justice of Peace will hear the 
opiliion of the arbitrators, and will immediately, 
or within eight days at farthest, give the sentence 
which he may consider most fitting to avoid a law 
suit, and to bring about the mutual conformity of 
the parties. 

Art. 10. Each Alcalde or Justice of Peace 
shall have a book entitled "Book of Concilia- 
tions," in which he shall note down a concise ac- 
count of what occurs in the trials of conciliation, 
agreeably to what is orderejj in the preceding 
article and in continuation of the conciliatory 
sentence dictated by the Alcalde or Justice of 
Peace, which must be notified to the parties in- 
terested in presence of the arbitrators, in order 
that they may say whether they agree to it or not, 
•which must also be noted down and be signed by 
the Alcalde or Justice of the Peace, the arbitra- 
tors and parties interested. 

Art. 11. When the parties agree to the sen- 
tence, the certified copies of the proceedings which 
they may ask for, shall be given to them, in order 
that the corresponding authority may carry it in- 
to effect, and if either of the parties should not 
agree, the Alcalde or Justice of Peace will give* 
him a certificate that the means of conciliation 
have been attempted, but without success; the 
parties interested merely paying the costs of said 
certificates in the accustomed form. 



532 HISTORY OF SAN JOSfi. 

Art. 12. In the same book of conciliations 
must be entered the record mentioned in Art. 8, 
and this bt)ok must remain in the archives when 
the Alcalde or Justice of Peace conclude the time 
of their appointment. 

Art. 13. The fines mentioned in Art. 6 must 
be delivered to the respective Treasurers of. the 
Ayuntamientos, in order that the amount of them 
may go toward paying the expenses of the books 
which are to be given to the Alcaldes and Jus- 
tices- of Peace. 

Art. 14. These Alcaldes and Justices will de- 
cide by verbal process the civil complaints which 
do not exceed one hundred dollars, and the crimi- 
nal ones respecting trifling injuries and other sim- 
ilar faults that do not merit any other punishment 
than a slight reprehension or correction. 

Art. 15. The plaintiff or complainant who en- 
ters any suit of this kind, will apply to the com- 
petent Alcalde or Justice, and make his complaint 
verbally, and this authority will cause the de- 
fendant to appear, ordering each party to bring 
his respective arbitrator with him, who must have 
the requisites mentioned in Art. 5. 

Art. 16. In verbal processes, also, the clerk 
(if there be one) will concur, or in his defect, two 
assisting witnesses; and after the Alcalde or Jus- 
tice of Peace and the arbitrators have made them- 
selves accjjiainted with the complaint of the one 
party and the defense of the other, these parties 



APPENDIX. 533 

shall retire and the Alcalde or Justice of Peace 
will hear the opinion of the arbitrators, and imme- 
diately or within eight days at the farthest, pro- 
nounce his 'definitive sentence or decision, which 
shall be ordered to be carried into execution by 
the same Alcalde or Justice of Peace, or by any 
other authority to which a proper certificate of 
said sentence be presented. 

Art. 17. A concise account of the proceedings 
of these processes shall be entered in a book, called 
" Book of Yerbal Processes," and in continuation, 
the definitive decision or sentence dictated on the 
subject, and this instrument must be signed by the 
Alcalde or Justice of the Peace, the arbitrators,- 
the parties interested and the clerk or acting 
witnesses. This book shall also be placed in the 
archives when the Alcaldes or Justices of the 
Peace conclude their term of office. 

Art. 18. Against the definitive sentences given 
in verbal processes, no other appeal can be 
admitted than that of the responsibility of the 
Alcaldes and Justices of the Peace to the superior 
tribunal, and in said processes no fees are, to be 
recovered, but merely the costs of the certificates 
that may be given. 

Art. 19. The attributions mentioned in Arts. 4 
and 5 must necessarily be exercised by the 
Alcaldes or Justices of the Peace in presence of 
the clerks, if there be such, and if not, before two 
assisting witnesses. 



534 HISTORY OF SAN JOSfi. 

Art. 20. When the subject brought before the 
Alcaldes or Justices of the Peace relates to the 
retention of the goods of a debtor, who wishes to 
make away with or conceal them ; the prohibition 
of a new work, or other matters of like urgency, 
the Alcaldes or Justices of the Peace will them- 
selves take such necessary steps as may be re- 
quired to avoid the evils consequent on delay, and 
they will order the parties interested 'then to try 
the means of conciliation. 

Section IY. — general laws. 

Article 1. In every criminal suit the sentence 
of first appeal (segunda instancia) shall cause 
execution when it is perfectly agreeable to the 
first sentence, or if the parties agree to it. 

Art. 2, In criminal causes there cannot be less 
than one appeal (dos instancias), even when the 
accuser and the culprit agree to the first sentence. 

Art. 3. All witnesses to be examined in any civil 
or criminal cause must necessarily be examined by 
the proper tribunal or Magistrates which have 
cognizance of said causes, and if they should 
reside at other places the}'- must be examined by 
the Magistrate or Alcalde where they live.* 

Art. 4. Every person, of whatever class, priv- 
ileges or condition, he may be, when he has to give 
his declaration as a witness in a criminal cause, is 

* It may be a question whether this and some of the following 
articles are not modified by Arts. V. and VI. of the amendments to the 
Constitution of the United States. 



APPENDIX. 535 

obliged to appear for this purpose before the 
Magistrate who has cognizance thereof, without 
the necessity of previous permission from his 
chiefs or superiors. 

Art. 5. The confrontation of witnesses with 
the culprit shall only be practiced wlien the Magis- 
trate considers it absolutely necessary in order to 
find out the truth. 

Art. 6. Both the confrontation mentioned in 
the preceding article, and the ratifications, are to 
be made in the process immediately after having 
examined the witness; the culprit being made to 
appear in order that he may know him, and the 
witness summoned in the act of ratification, which 
must take place immediately after the culprit re- 
tires. 

Art. 7. If the first steps of the process (infor- 
mation summaria) take place before the culprit be 
apprehended, as soon as he is apprehended and his 
preparatory declaration shall have been taken, 
tlie witnesses which have to be examined must be 
summoned for the purposes mentioned in the pre- 
ceding article. 

Art. 8. No summons shall be sent w^hich has 
not some relation to the crime, or which is judged 
to be useless or of no weight in the business as 
regards the eliciting of truth. 

Art. 9. When the pleas alleged by the culprit 
have no relation to the crime, or cannot in any 
way diminish its enormity, or are unlikely or im- 



5p6 HISTORY OF SAN JOSfi. 

probable, lliey shall be left out altogether without 
receiving the cause on proof (a prueba), in which 
case the trial (sumaria) being concluded , the cul- 
prit having been previously cited, and the Attorney- 
General in the superior tribunal, it shall be deliv- 
ered to the attorney or defender of the culprit 
for him to answer to the charges in the term of 
three days, which having taken place the defini- 
tive sentence shall be given. 

Art. 10. When any criminal escapes, he shall 
not be summoned by edicts or by the public crier; 
but requisitory letters shall be made out for his 
apprehension and the necessary steps taken for 
his recovery ; in the meantime the trial shall be 
postponed, except as .to collecting proof of the 
crime and its circumstances, but it shall be re- 
sumed when the apprehension takes place. 

Art. 11. In cases where the plenary judgment 
has to be renewed, the cause shall be received on 
proof for a short time, to be postponed, according 
to its circumstances, as f\xr as fort}^ days, and only 
in the case of having to examine witnesses, or to 
receive some of the proof at such considerable dis- 
tances as to make that term not sufficient, it may 
be postponed for sixty days without any restitu- 
tion, or other resource taking place in these terms. 

Art. 12. When the criminals interpose an ap- 
peal against any interlocutory proceedings, or any 
other appeal that has to go to the tribunal of 
Second or Third Instnnce, the continuance of the 



APPENDIX. ' 537 

cause shall not be suspended; and, therefore, if 
the original acts which caused the appeal, cannot 
be forwarded, certified copies muse be sent. 

Art. 13. In all civil and criminal causes, the 
interlocutory sentences must be pronounced within 
the precise term of three days; and the definitive 
ones shall be dictated by the Superior Tribunals 
within fifteen days after the first stage of the suit 
(vista,) be concluded, and by the Judges of First 
Instance, within eight days after finishing the 
causes. 

Art. 14. In trials of property, plenary ones of 
possession, and any other civil trial wherein the 
amount disputed shall exceed four thousand dol- 
lars, appeal may be made to the tribunal of the 
Third Instance, if the parties wish it, although the 
second sentence agree with the first. 

Art. 15. In the same trials, if the amount in 
cjnestion be less than four thousand dollars, the 
sentence of the tribunal of Second Instance, will 
cause execution, if it correspond exactly with the 
first; that is, if the second sentence neither adds 
nor takes away anything ,which alters the sub- 
stance or intrinsic merit of the First Instance, so 
that neither the condemnation to pay costs, nor 
any other demonstraiion of a similar nature, can 
be called in op^Dosition to said agreement. 




///!(//// ■ coyi//r/?iecf fo 

MAYOR #•( 0,>OI()Xr(U^riL»' THE CITY OF SAX JOSE, 

Sun'en'fl under iiijitruetiongfrom tUe 

JULY 1866^ '" 

TRACT N?IJi/^^i^^ (Teres 
" jn?vj:«* <^ ■' 




an iAigMqpI^.Unma .shatMeathiLs \ 



ivesfem jbrui/deuy efS/ic T^arf-vJIi/r/id V 
Jberau^e i/ier^ re/naMeifJ»utJe/tp-amana/ to. 

o^jiitMicMtrna in ?ia/i^c /jSa.9/^ of^^aid 

^oiffiship oiit^fdp fhf f^tfJ//o itJ/itfs 

thf nrrat*f j3orf/o/i of tvAic^ lets AtrtvJiffi 




J„.„.^„4^„.M^™-..W-i<^-..M4'.-..|.-- ' 1 ^,.,:..»HH»"'K- 


" 't " 


1 




: 


--„U,„,J .|;|,. ;.--|- - ^';,----l- 




:\:-\'. 






1 


■.-:i ;,■ 'i.:. . . /: ; n 


■■r^'f'f- 




1 
1 , i,^L_ 






WiAft IS 1902 






% 



' 1 -.► * * 







.0°^. 



% 4^ 



4' 









■'^. 



^^-^ 




.0 



,^^ '^^.. 












^> V » , ^ 



0(^ 



- > ^«^ ^. 





















9. .-o^^^^V'*.-^. 












0>' 






'>^ V, 



0- A<^ 






>' V 






^ :# 












xO°<. 



#■ -- 














.^^ '^^.. 

d 



V 



o. .r»> 






^^ X^Tf^^^ 






"^^ -^ 
^^°^. 



A 









A-^' 



V> 



Y> ^ ^ * ^ > ^ >'-' 



is .-. '^ . «. 



i-y^ 



'<:. 



■^^■.<^^' .* 






e 



\ 






■^^ 






\^ 












s'^:- 



A^% 



*/-'<e. 



■' A*^^ 



